Nuisance Laws could prevent Existential Threats

When someone wants to build a structure more than 400′ tall, or have devices operating that exceed 120 decibels at the property line for a minimum continuous 5 minutes, perhaps some accountability is in order for the health and wellbeing of the community.
Who knows! A nuisance law could even prevent neighbors from suffering loss of insurability.

In Texas, nuisance laws are governed by both state and local regulations. A nuisance occurs when a neighbor’s actions substantially interfere with the use and enjoyment of your property, causing unreasonable discomfort or annoyance to a person of ordinary sensibilities attempting to use and enjoy their land.

Under Texas law, nuisances can be classified as public or private. A public nuisance affects the general public, while a private nuisance interferes with the rights of a specific individual.

Nuisance claims can fall into one of three categories:

• Intentional nuisance: The neighbor intentionally creates or maintains a condition that meets the nuisance requirements.
• Negligent nuisance: The neighbor acts unreasonably, and the interference must cause unreasonable discomfort or annoyance.
• Strict liability nuisance: The neighbor engages in an abnormally dangerous activity, such as the use of explosives, and is liable regardless of fault.

For public nuisances, the Texas Health and Safety Code provides specific provisions for addressing conditions that cause public nuisances, such as maintaining unsafe structures, accumulated rubbish, standing water, and conditions that harbor pests.

In Bell County, Texas, the Commissioners Court has the authority to enforce public nuisance abatement orders, which include entering premises to inspect, investigate, or abate nuisances.

For private nuisances, individuals may file a lawsuit to enjoin and abate the nuisance. The suit must be brought in the county where the nuisance exists and can be initiated by the district, county, or city attorney, the attorney general, or a private citizen.

If a condition of a bond filed or an injunctive order entered under the nuisance statute is violated, the district, county, or city attorney of the county or the attorney general may sue on the bond in the name of the state.

For complaints related to noise, contact your local law enforcement agency. For private nuisance complaints, you may want to hire a private lawyer. For public nuisance complaints, contact the Texas Department of State Health Services.

The statute of limitations for nuisance claims is two years, and the accrual of the claim depends on whether the nuisance is permanent or temporary.

• Texas Health and Safety Code § 343.011: Provides authority to municipalities to regulate nuisances within their jurisdiction and allows for the enforcement of public nuisance abatement.
• Texas Civil Practice and Remedies Code Chapter 125: Governs civil suits involving nuisances and provides for the closure of properties involved in illegal activities for one year, unless a penal bond is posted.
• Bell County Public Nuisance Abatement Order: Enforces public nuisance regulations and allows for the inspection and abatement of nuisances in the unincorporated area of the county.
• Harris County Public Health Neighborhood Nuisance Program: Investigates and abates nuisances that include unsafe structures, trash, high grass/weeds, and conditions that harbor pests.

Our elected officials have been reluctant to implement nuisance laws in Lamar county, citing property rights and liberty. In no way do we believe it’s necessary to micromanage what happens on private property, but it seems reasonable to add some measure of accountability for extreme cases within the county to better protect the health and wellbeing of its citizens.