Establishes provisions relating to nuisance actions against racing facilities and race tracks

SECOND REGULAR SESSION
HOUSE BILL NO. 3177
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MA TTHIESEN.
6980H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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) "Ar ea of the racing facility", the ar ea within a thr ee-mile radius of the
3 perimeter of the par cel or contiguous grou p of par cels upon which a racing facility is
4 located;
5 (2) "Racing facility", a designated ar ea or facility wher e competitive vehicle or
6 motorsport races are conducted, including the racetrack, spectator ar eas, pits, garages,
7 staging ar eas, parking, administrative buildings, and associated gr ounds or
8 appurtenances used to conduct or support racing events;
9 (3) "Substantial compliance", operation consistent with applicable federal, state,
10 and local laws, reg ulations, ordinances, and permits, allowing for minor nonmaterial
11 deviations that are pr omptly corr ected.
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 surroun ding prop erty owner for
14 typical racing activities if:
15 (1) The developer or operator of the racing facility obtained all permits r equir ed
16 for construction or operation and established a vested right in the development of the
17 pr operty or contiguous grou p of prop erties wher e the racing facility is located; and
EXPLANA TION — 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.
18 (2) The permits and vested right described in subdivision (1) of this subsection
19 wer e obtained before the surroun ding prop erty owner either pur chased rea l pro perty or
20 constructed any building within the area of the racing facility .
21 3. T ypical racing activities conducted in substantial compliance with applicable
22 laws and permits, including engine noise, public addr ess systems, track lighting, dust
23 fr om 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 envir onmental, safety , building, zoning, or noise laws, regu lations,
27 ordinances, or permits.
28 (2) Nothing in this section shall immunize willful or reck less misconduct,
29 activities outside permitted racing operations, or a substantial change in use that
30 materially incr eases impacts beyond those contemplated by existing permits and
31 appr ovals.
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, r egulations, ordinances, or permits, pro vided, nothing
35 her ein limits enforcem ent for material violations or offenses unr elated to racing
36 activities.
37 6. (1) Except as express ly pr ovided in this section, nothing in this section shall
38 alter the rights or r emedies available under this chapter , including section 537.296, or
39 under chapters authorizing municipal nuisance proceed ings, 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.
✔
HB 3177 2