This bill proposes the addition of a new section, 55-7-33, to the Code of West Virginia, aimed at limiting the liability of racing facilities for specific claims. It defines key terms such as "racing facility" and "surrounding property owner," and establishes that a racing facility in operation prior to a surrounding property owner's acquisition of nearby property cannot be deemed a public or private nuisance. The bill also stipulates that the immunity from civil actions related to nuisance, noise, or similar claims remains intact regardless of changes in ownership or operations, as long as the facility complies with state and federal laws.

Furthermore, the bill introduces a five-year time limit for surrounding property owners to file civil actions against racing facilities, applicable only to those who acquired or improved their property after the facility was established. It also preempts local regulations that would restrict the operation of racing facilities in a manner inconsistent with this section. The provisions of this bill are set to take effect immediately upon passage.

Statutes affected:
Introduced Version: 55-7-33