HOUSE BILL NO. 3177 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MATTHIESEN.
6980H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 537, RSMo, by adding thereto one new section relating to nuisance actions against racing facilities and race tracks.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be 2 known as section 537.298, to read as follows: 537.298. 1. As used in this section, the following terms mean: 2 (1) "Area of the racing facility", the area within a three-mile radius of the 3 perimeter of the parcel or contiguous group of parcels upon which a racing facility is 4 located; 5 (2) "Racing facility", a designated area or facility where competitive vehicle or 6 motorsport races are conducted, including the racetrack, spectator areas, pits, garages, 7 staging areas, parking, administrative buildings, and associated grounds or 8 appurtenances used to conduct or support racing events; 9 (3) "Substantial compliance", operation consistent with applicable federal, state, 10 and local laws, regulations, ordinances, and permits, allowing for minor nonmaterial 11 deviations that are promptly corrected. 12 2. A racing facility shall not be subject to a civil action for public or private 13 nuisance, inverse condemnation, or similar theory by a surrounding property owner for 14 typical racing activities if: 15 (1) The developer or operator of the racing facility obtained all permits required 16 for construction or operation and established a vested right in the development of the 17 property or contiguous group of properties where the racing facility is located; and
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3177 2
18 (2) The permits and vested right described in subdivision (1) of this subsection 19 were obtained before the surrounding property owner either purchased real property or 20 constructed any building within the area of the racing facility. 21 3. Typical racing activities conducted in substantial compliance with applicable 22 laws and permits, including engine noise, public address systems, track lighting, dust 23 from competition, race-day traffic, and event scheduling, shall not constitute a public or 24 private nuisance. 25 4. (1) The immunity in this section shall not apply to conduct that materially 26 violates applicable environmental, safety, building, zoning, or noise laws, regulations, 27 ordinances, or permits. 28 (2) Nothing in this section shall immunize willful or reckless misconduct, 29 activities outside permitted racing operations, or a substantial change in use that 30 materially increases impacts beyond those contemplated by existing permits and 31 approvals. 32 5. No state agency, county, or municipality shall bring a civil action alleging 33 nuisance against a racing facility for typical racing activities conducted in substantial 34 compliance with applicable laws, regulations, ordinances, or permits, provided, nothing 35 herein limits enforcement for material violations or offenses unrelated to racing 36 activities. 37 6. (1) Except as expressly provided in this section, nothing in this section shall 38 alter the rights or remedies available under this chapter, including section 537.296, or 39 under chapters authorizing municipal nuisance proceedings, including section 82.1025. 40 (2) This section shall be liberally construed to effectuate its purposes and shall 41 not be construed to impair any contract or vested right. ✔
Statutes affected: