History and Legal Development of Nuisance
In the late 19th and early 20th centuries, the law of nuisance became difficult to administer, as competing property uses often posed a nuisance to each other, and the cost of litigation to settle the issue grew prohibitive. As such, most jurisdictions now have a system of land use planning (e.g. zoning) that describes what activities are acceptable in a given location. Zoning generally overrules nuisance. For example: if a factory is operating in an industrial zone, neighbours in the neighbouring residential zone can't make a claim in nuisance. Jurisdictions without zoning laws essentially leave land use to be determined by the laws concerning nuisance.
Similarly, modern environmental laws are an adaptation of the doctrine of nuisance to modern complex societies, in that a person's use of his property may harmfully affect another's property, or person, far from the nuisance activity, and from causes not easily integrated into historic understandings of nuisance law.
Read more about this topic: Nuisance
Famous quotes containing the words history, legal, development and/or nuisance:
“Culture, the acquainting ourselves with the best that has been known and said in the world, and thus with the history of the human spirit.”
—Matthew Arnold (1822–1888)
“In the course of the actual attainment of selfish ends—an attainment conditioned in this way by universality—there is formed a system of complete interdependence, wherein the livelihood, happiness, and legal status of one man is interwoven with the livelihood, happiness, and rights of all. On this system, individual happiness, etc. depend, and only in this connected system are they actualized and secured.”
—Georg Wilhelm Friedrich Hegel (1770–1831)
“Information about child development enhances parents’ capacity to respond appropriately to their children. Informed parents are better equipped to problem-solve, more confident of their decisions, and more likely to respond sensitively to their children’s developmental needs.”
—L. P. Wandersman (20th century)
“Without infringing on the liberty we so much boast, might we not ask our professional Mayor to call upon the smokers, have them register their names in each ward, and then appoint certain thoroughfares in the city for their use, that those who feel no need of this envelopment of curling vapor, to insure protection may be relieved from a nuisance as disgusting to the olfactories as it is prejudicial to the lungs.”
—Harriot K. Hunt (1805–1875)