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hb639_02_PH
As Passed by the House
136th
General Assembly
Regular
Session
H. B. No. 639
2025-2026
Representatives Deeter, Click
Cosponsors: Representatives King,
Abrams, Brennan, Schmidt, Barhorst, Bird, Cockley, Craig, Daniels,
Fowler Arthur, John, Johnson, Kishman, Lampton, Lorenz, Manning,
Mathews, A., Mathews, T., Miller, K., Richardson, Ritter, Robb
Blasdel, Stephens, Swearingen, Williams, Willis, Young
To
enact section 3767.52 of the Revised Code
to
create a complete defense to certain nuisance claims regarding racing
facilities and racetracks.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 3767.52 of the Revised Code be enacted to read as follows:
Sec.
3767.52.
(A)
As used in this section:
(1)
"Area of the racing facility and racetrack" means an area
that is located within a five-mile radius of the perimeter of the
property or contiguous group of properties where a racing facility
and racetrack is located.
(2)
"Building" has the same meaning as in section 3781.06 of
the Revised Code.
(3)
"Ordinary and anticipated activities" include noise, dust,
traffic, lighting, and any other activities typically associated with
the lawful operation of a racing facility and racetrack.
(4)
"Racing facility and racetrack" means a designated area or
facility where competitive vehicle and motorsport races are
conducted, including the track, spectator areas, garages, and any
associated grounds, buildings, or appurtenances used to operate the
races.
(B)
In a civil action for nuisances involving a racing facility and
racetrack arising on or after the effective date of this section that
is brought by a person who owns real property within the area of the
racing facility and racetrack, it is a complete defense if all of the
following are met:
(1)
The person either purchased the real property or constructed a
building on the real property after the date that the racing facility
and racetrack completed construction.
(2)
The racing facility and racetrack is lawfully operating.
(3)
The nuisance claim is based on ordinary and anticipated activities of
the racing facility and racetrack.
(C)
The complete defense under this section applies regardless of any
lawful changes to the size, scope, configuration, or technology of
the racing facility and racetrack, or type of racing conducted at the
racing facility and racetrack.
(D)
This section shall not be construed to exempt a racing facility and
racetrack from compliance with state or federal environmental laws or
health and safety regulations or from a claim based on physical
damage or personal injury.
(E)
No county or township may adopt or enforce a resolution that
conflicts with this section.