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LAND USE CONTROLS (PART 1): BY THE COURTS

RESTATEMENT (SECOND) OF TORTS (1965)
§ 822. General Rule: One is subject to liability for a private nuisance if, but only if, his conduct is a legal cause of an invasion of another’s interest in the private use and enjoyment of land, and the invasion is either:
(a) intentional and unreasonable, or
(b) unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activities.

Comment:
a. Types of conduct. Nuisance … is a distinct field … of tort liability. It is not a single type of tortious conduct. The feature that gives unity to either public or private nuisance is the interest invaded, namely either the public right or the private interest in the use and enjoyment of land. (See §§ 821B and 821D). These interests may be invaded by any one of the types of conduct that serve in general as bases for all tort liability….
… a negligent interference with the use and enjoyment of land is private nuisance in respect to the interest invaded and negligence in respect to the type of conduct that causes the invasion…. The invasion may be intentional and unreasonable. It may be unintentional but caused by negligent or reckless conduct; or it may result from an abnormally dangerous activity for which there is strict liability. On any of these bases the defendant may be liable. On the other hand, the invasion may be intentional but reasonable; or it may be entirely accidental and not fall within any of the categories mentioned above. In these cases there is no liability.

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