SB 872

Current law, provides that any person, county, city, village, or town may commence an action to abate a public nuisance to the extent necessary to protect the complainant’s rights and to obtain an injunction to prevent injuries to the complainant. However, current law provides a number of restrictions to commencing such an action. For example, an agricultural use or practice may not be found to be a nuisance if, generally, the use or practice is conducted on land that has been used without substantial interruption as agricultural land and the agricultural use or practice does not present a substantial threat to public health or safety.

Under this bill, no racing facility may be found to be a public nuisance if all of the following apply:

1. The action alleging that the racing facility is a public nuisance is commenced by a person that owns real property that is within a five-mile radius of the perimeter of the racing facility.

2. The racing facility was constructed before the person commencing the nuisance action purchased, or made improvements to, the real property described above.

The bill defines “racing facility” as 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.

The bill also prohibits a political subdivision from regulating the operation of a racing facility in a manner that is inconsistent with the other provisions under the bill. Under current law, “political subdivision” means a city, village, town, or county.