nuisance actions against racing facilities

Wisconsin Legislature: AB880: Text as Enrolled

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2025
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Vetoed in Full
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AB880: Text as Enrolled

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Date of enactment:
2025 Assembly Bill 880

Date of publication*:
2025 WISCONSIN ACT
An Act

to create
66.0443 and 823.086 of the statutes;
relating to:
nuisance actions against racing facilities.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB880,1
Section

1
.
66.0443 of the statutes is created to read:
66.0443 Racing facilities.
No political subdivision may create a private cause of action that is inconsistent with the limitations under s. 823.086.
AB880,2
Section

2
.
823.086 of the statutes is created to read:
823.086

Actions against racing facilities. (1)
In this section:
(a) “Person” does not include a county, city, village or town.
(b) “Racing facility” means a racetrack, regardless of whether the racetrack is permanent or seasonal, and includes any spectator areas, garages, and associated grounds, buildings, or appurtenances used to conduct competitive motorsports races.
(2)
No racing facility may be found to be a public or private nuisance if all of the following apply:
(a) The action alleging that the racing facility is a public or private nuisance is commenced by a person that owns real property that is within a 5-mile radius of the perimeter of the property on which the racing facility is located.
(b) The racing facility was constructed or in operation before the person commencing the action purchased, or made improvements to, the real property described under par. (a).
(3)
The prohibition under sub. (2) does not apply if the racing facility makes a substantial and material expansion of operations that results in a significant increase in the overall intensity of use of the facility, including a demonstrable increase in the number of racing event days beyond historical patterns of operation existing at the time the person commencing an action acquired or improved the person’s property.
AB880,3
Section

3
. Initial applicability.
(
1
)

The treatment of s. 823.086 first applies to actions commenced on the effective date of this subsection.

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