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HOUSE BILL No. 2416
AN A CT concerning civil actions; relating to motorsports venues; creating the Kansas
motorsports venue protection act; providing immunity to motorsports venues from
civil actions for nuisance, taking or other similar legal theories under certain
conditions.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) This section shall be known and may be cited as the
Kansas motorsports venue protection act.
(b) A racing facility or racetrack shall be immune from liability in
any civil action that is based on nuisance, taking or similar legal
theories if the racing facility or racetrack was located and established in
Kansas before a surrounding property owner either:
(1) Purchased or otherwise acquired such surrounding property
owner's real property; or
(2) constructed buildings used for residential or commercial
purposes on such surrounding property owner's real property.
(c) This section does not apply to a civil action:
(1) Alleging a material violation of applicable state or local laws
or a condition expressly prohibited by a valid permit governing the
racing facility or racetrack; or
(2) brought by a surrounding property owner against a racing
facility or racetrack that has not conducted a competitive vehicle or
motorsport race during the four years immediately preceding the date
when such surrounding property owner purchased or otherwise
acquired such surrounding property owner's real property.
(d) Nothing in this section shall be construed to:
(1) Affect any civil action unrelated to nuisance, taking or similar
legal theories; or
(2) limit the enforcement authority of the state or any political
subdivision of the state for violations of state or local law unrelated to
claims for nuisance, taking or similar legal theories.
(e) If any provision of this section or application thereof to any
person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this section that can be given effect
without the invalid provision or application, and to this end, the
provisions of this section are declared to be severable.
(f) As used in this section:
(1) "Racing facility" or "racetrack" means a designated area or
facility where competitive vehicle and motorsport races are conducted.
"Racing facility" or "racetrack" includes the track, spectator areas,
garages and any associated grounds or buildings used to operate
motorsport races.
(2) "Surrounding property owner" means a natural person or entity
owning real property located within a five-mile radius of a racing
facility or racetrack.
HOUSE BILL No. 2416—page 2
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.