SB 1646

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.