Nuisances

Plain English Breakdown

The candidate explanation included an unsupported claim about the applicability of the bill's protections based on changes in how racing facilities operate. The official summary does not provide details on this aspect beyond legal compliance.

Clarification of Racing Facility Immunity

This bill clarifies that racing facilities cannot be sued by nearby property owners for nuisances if the facility was built before the owner purchased their land and protects these facilities from local government regulations that would limit them.

What This Bill Does

• Establishes immunity for racing facilities against nuisance claims brought by surrounding real property owners, provided the facility existed prior to the purchase of the adjacent property or construction within a five-mile radius.
• Ensures this protection remains valid even if the racing facility undergoes legal changes in size, scope, configuration, technology, or type of racing conducted.
• Applies to claims made on or after the bill's effective date, regardless of when the alleged cause of action began.
• Prohibits local governments from creating rules that would restrict, limit, or prohibit the operation of a racing facility.

Who It Names or Affects

• Owners of real property near existing racing facilities
• Racing facility operators and racetracks in Tennessee

Terms To Know

Immunity

Protection from being sued or having legal actions taken against you.

Political subdivision

A local government, like a city or county.

Limits and Unknowns

• The bill does not exempt racing facilities from compliance with state and federal environmental laws and health safety regulations.
• It is unclear how this law will affect existing lawsuits against racing facilities when it becomes active.

Official Summary Text

This bill clarifies that a
racing facility or racetrack is not subject to an action brought by the owner of a surrounding real property under any nuisance, taking, or other theory if the racing facility or racetrack was built before
such
owner purchased the real property or built within a five
-
mile radius of the perimeter of the property or contiguous group of properties where a racing facility is located.

APPLICABILITY

This bill clarifies that:



The
immunity
described above
applies regardless of any changes to the size, scope, configuration, technology, or type of racing conducted at the facility
if
such changes are lawful.



This bill
applies to claims against racing facilities and racetracks located in this state prior to the date the owner of surrounding real property bringing a claim acquired or improved the real property and applies to claims filed on or after the effective date of this
bill
, regardless of the date on which the cause of action is alleged to have arisen.



This bill
does not exempt racing facilities from compliance with state or federal environmental laws or health and safety regulations.

LOCAL ACTION PROHIBITED

This bill prohibits a
political subdivision of this state
from
adopt
ing
or enforc
ing
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
bill.

Current Bill Text

SENATE BILL 1646
By Pody

HOUSE BILL 1660
By McCalmon
HB1660
010471
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 5; Title 6; Title 7 and Title 29, relative to
racing facilities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 29, Chapter 3, is amended by adding
the following new section:
(a) As used in this section:
(1) "Area of the racing facility" means the area within a five (5) mile
radius of the perimeter of the property or contiguous group of properties where a
racing facility is located; and
(2) "Racing facility" and "racetrack" mean a designated area or facility
where competitive vehicle and motorsport races are conducted and include the
track, spectator areas, garages, and any associated grounds, buildings, or
appurtenances used to operate the races.
(b) A racing facility or racetrack is not subject to an action brought by the owner
of a surrounding real property under any nuisance, taking, or other theory if the racing
facility or racetrack was built before the owner of the surrounding real property
purchased the real property or built in the area of the racing facility or racetrack.
(c) The immunity provided under this section applies regardless of any changes
to the size, scope, configuration, technology, or type of racing conducted at the facility,
provided such changes are lawful.
(d) This section applies to claims against racing facilities and racetracks located
in this state prior to the date the owner of surrounding real property bringing a claim

- 2 - 010471

acquired or improved the real property and applies to claims filed on or after the effective
date of this act, regardless of the date on which the cause of action is alleged to have
arisen.
(e) A political subdivision of this state shall not adopt or enforce 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.
(f) This section does not exempt racing facilities from compliance with state or
federal environmental laws or health and safety regulations.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.