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SB2357 • 2026

Nuisances; limit causes of action against racing facilities or racetracks.

AN ACT TO CREATE NEW SECTION 95-3-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A REAL PROPERTY OWNER WHO OWNS PROPERTY WITHIN A RACING FACILITY ZONE SHALL NOT HAVE A NUISANCE, TAKING OR OTHER RELATED CAUSE OF ACTION AGAINST A RACING FACILITY OR RACETRACK WHERE THE RACING FACILITY OR RACETRACK WAS BUILT BEFORE THE REAL PROPERTY OWNER EITHER PURCHASED THE REAL PROPERTY OR IMPROVED THE REAL PROPERTY IN THE RACING FACILITY ZONE; TO DEFINE TERMS; TO PROVIDE THAT THIS SECTION SHALL APPLY NOTWITHSTANDING ANY CHANGES TO THE SIZE, SCOPE, CONFIGURATION, TECHNOLOGY, OR TYPE OF RACING CONDUCTED AT THE RACING FACILITY AND RACETRACK AS LONG AS SUCH CHANGES TO THE RACING FACILITY AND RACETRACK ARE LAWFUL; TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ADOPTING OR ENFORCING ANY ORDINANCE, RESOLUTION, OR REGULATION THAT WOULD RESTRICT, LIMIT, OR PROHIBIT THE OPERATION OF A RACING FACILITY OR RACETRACK IN A MANNER INCONSISTENT WITH THIS SECTION; TO PROVIDE THE APPLICABILITY OF STATE OR FEDERAL ENVIRONMENTAL OR HEALTH AND SAFETY LAWS AND REGULATIONS; AND FOR RELATED PURPOSES.

Technology
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Younger
Last action
2026-02-03
Official status
Dead
Effective date
Passage

Plain English Breakdown

The bill did not pass, so its provisions are not currently enforceable.

Limiting Lawsuits Against Racing Facilities

This bill aims to prevent property owners who bought or improved their land after a racing facility was built within five miles of them from suing the racing facility for causing nuisances.

What This Bill Does

  • Defines 'racing facility zone' as an area within five miles around a racetrack and its facilities.
  • States that property owners cannot sue a racing facility or track if it existed before they bought or improved their land in the racing facility zone.
  • Ensures this rule applies even if the racing facility changes size, type of races held, or technology used as long as these changes are legal.
  • Prohibits local governments from making rules that limit how a racing facility can operate within the defined zone.

Who It Names or Affects

  • Property owners near existing racetracks and facilities
  • Racing facilities and tracks in Mississippi

Terms To Know

racing facility zone
The area within a radius of five miles of the perimeter of the property or contiguous group of properties where a racing facility and racetrack is located.
nuisance
A legal term for something that causes trouble, annoyance, or harm to someone else's property or enjoyment of it.

Limits and Unknowns

  • The bill did not pass and is no longer being considered.
  • It does not apply to lawsuits filed before the effective date of the act.
  • Racing facilities must still follow state and federal environmental and health laws.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Judiciary, Division A

Official Summary Text

Nuisances; limit causes of action against racing facilities or racetracks.

Current Bill Text

Read the full stored bill text 
S. B. No. 2357 *SS08/R427* ~ OFFICIAL ~ G1/2
26/SS08/R427
PAGE 1 (ens\kr)

To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Younger

SENATE BILL NO. 2357

AN ACT TO CREATE NEW SECTION 95-3-31, MISSISSIPPI CODE OF 1
1972, TO PROVIDE THAT A REAL PROPERTY OWNER WHO OWNS PROPERTY 2
WITHIN A RACING FACILITY ZONE SHALL NOT HAVE A NUISANCE, TAKING OR 3
OTHER RELATED CAUSE OF ACTION AGAINST A RACING FACILITY OR 4
RACETRACK WHERE THE RACING FACILITY OR RACETRACK WAS BUILT BEFORE 5
THE REAL PROPERTY OWNER EITHER PURCHASED THE REAL PROPERTY OR 6
IMPROVED THE REAL PROPERTY IN THE RACING FACILITY ZONE; TO DEFINE 7
TERMS; TO PROVIDE THAT THIS SECTION SHALL APPLY NOTWITHSTANDING 8
ANY CHANGES TO THE SIZE, SCOPE, CONFIGURATION, TECHNOLOGY, OR TYPE 9
OF RACING CONDUCTED AT THE RACING FACILITY AND RACETRACK AS LONG 10
AS SUCH CHANGES TO THE RACING FACILITY AND RACETRACK ARE LAWFUL; 11
TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ADOPTING OR 12
ENFORCING ANY ORDINANCE, RESOLUTION, OR REGULATION THAT WOULD 13
RESTRICT, LIMIT, OR PROHIBIT THE OPERATION OF A RACING FACILITY OR 14
RACETRACK IN A MANNER INCONSISTENT WITH THIS SECTION; TO PROVIDE 15
THE APPLICABILITY OF STATE OR FEDERAL ENVIRONMENTAL OR HEALTH AND 16
SAFETY LAWS AND REGULATIONS; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. The following shall be codified as Section 19
95-3-31, Mississippi Code of 1972: 20
95-3-31. (1) For purposes of this section, the following 21
terms shall have the meaning ascribed herein unless the context 22
clearly requires otherwise: 23
(a) "Racing facility zone" means the area within a 24
radius of five (5) miles of the perimeter of the property or 25
S. B. No. 2357 *SS08/R427* ~ OFFICIAL ~
26/SS08/R427
PAGE 2 (ens\kr)

contiguous group of properties where a racing facility and 26
racetrack is located. 27
(b) "Racing facility and racetrack" means a designated 28
area or facility where competitive vehicle and motorsport races 29
are conducted. The term includes the track, spectator areas, 30
garages, and any associated grounds, buildings, or appurtenances 31
used to operate the races. 32
(2) A real property owner who owns property within a racing 33
facility zone shall not have a nuisance, taking or other related 34
cause of action against a racing facility or racetrack where the 35
racing facility or racetrack was built before the real property 36
owner either purchased the real property or improved the real 37
property in the racing facility zone. 38
(3) This section shall apply notwithstanding any changes to 39
the size, scope, configuration, technology, or type of racing 40
conducted at the racing facility and racetrack as long as such 41
changes to the racing facility and racetrack are lawful. 42
(4) This section shall apply to all claims filed on or after 43
the effective date of this act against a racing facility or 44
racetrack in this state notwithstanding the date on which the 45
cause of action is alleged to have arisen or the date on which the 46
real property owner either purchased the real property or improved 47
the real property. 48
(5) A political subdivision of this state shall not adopt or 49
enforce any ordinance, resolution, or regulation that would 50
S. B. No. 2357 *SS08/R427* ~ OFFICIAL ~
26/SS08/R427
PAGE 3 (ens\kr)
ST: Nuisances; limit causes of action against
racing facilities or racetracks.
restrict, limit, or prohibit the operation of a racing facility or 51
racetrack in a manner inconsistent with this section. 52
(6) Nothing in this section shall be construed to exempt 53
racing facilities from compliance with state or federal 54
environmental or health and safety laws and regulations, 55
including, but not limited to, the "Mississippi Air and Water 56
Pollution Control Law." 57
SECTION 2. This act shall take effect and be in force from 58
and after its passage. 59