Under what condition can private persons recover damages from public nuisances?

In the context of private individuals seeking to recover damages from a public nuisance, the key requirement is that they must demonstrate that they have suffered unique or distinct harm that is different from the harm experienced by the general public. This principle recognizes that while public nuisances impact the community at large, certain individuals may experience specific injuries or losses that set them apart from the broader public.

For example, if a factory is emitting harmful pollutants, while all nearby residents might be affected, a specific property owner who experiences a decrease in their property value or health issues due to proximity to the factory could claim unique damages. This differentiation is crucial because it establishes standing for private parties to sue, as they must prove individualized injuries as opposed to the generalized grievance shared by the community.

The other options do not align with the legal principles surrounding recovery for public nuisances. Being a public official is not a requirement for private individuals; involvement in the incident does not necessarily correlate with uniqueness of harm; and filing a lawsuit with the state is a procedural step but does not address the foundational requirement of demonstrating unique damage. Thus, the correct answer is that private persons must show unique damage not shared by the public to recover from public nuisances.