Nuisances

Plain English Breakdown

The candidate explanation included some speculative claims about how the bill will affect existing lawsuits which are not supported by the official source material.

Clarifying Rules for Racing Facilities

This bill clarifies that racing facilities in Tennessee cannot be sued by nearby landowners under certain legal theories and prevents local governments from making rules that restrict their operations.

What This Bill Does

• It states that a racing facility or racetrack is not subject to an action brought by the owner of surrounding real property for nuisance, taking, or other claims if the racing facility was built before the landowner purchased the property or within five miles of it.
• The protection applies even if there are changes to how the racing facility operates as long as those changes follow state and federal laws.
• It prohibits local governments from making rules that would restrict, limit, or prohibit a racing facility's operations in ways not allowed by this bill.

Who It Names or Affects

• Owners of land near existing racing facilities
• Racing facilities and racetracks in Tennessee
• Local government bodies like cities and counties

Terms To Know

Immunity

Protection from being sued or held responsible for certain actions.

Political subdivision

A local government unit, such as a city or county, within the state.

Limits and Unknowns

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

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

HOUSE BILL 1660
By McCalmon

SENATE BILL 1646
By Pody
SB1646
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.