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 occupants of real property located near racing facilities or racetracks. Specifically, it stipulates that these property owners or occupants cannot bring legal actions against the owners or operators of such facilities for nuisance, taking, or other claims if the racing facility or racetrack was established before they acquired or improved their property. This immunity extends to any lawful changes made to the racing facility or racetrack, regardless of their nature.
Additionally, the bill clarifies that the 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 this immunity does not exempt racing facilities or racetracks from adhering to state or federal environmental laws or 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 property and outlines what constitutes a racing facility or racetrack.
Statutes affected: House Introduced Bill: 600.101, 600.9947