The proposed bill seeks to amend the Revised Judicature Act of 1961 by adding a new section, 2940a, which provides legal immunity to owners or operators of racing facilities or racetracks against nuisance or property claims from adjacent property owners or occupants. Specifically, if the racing facility or racetrack was established before the property owner or occupant either purchased or developed their property, they cannot bring legal action against the racing facility or racetrack. This immunity extends to any lawful changes made to the racing facility or racetrack, regardless of their nature.
Additionally, the bill clarifies that this immunity applies to all claims filed after the effective date of the act, irrespective of when the cause of action arose. However, it explicitly states that racing facilities or racetracks must still comply with state and federal environmental laws and health and safety regulations. The bill also defines key terms, including "area of a racing facility or racetrack" as a 5-mile radius from the facility and outlines what constitutes a racing facility or racetrack.
Statutes affected: Senate Introduced Bill: 600.101, 600.9947