To enact section 3767.52 of the Revised Code to create a complete defense to certain nuisance claims regarding racing facilities and racetracks.
Summary
HB639 would add a new section to the Ohio Revised Code creating a complete defense against certain private nuisance lawsuits involving racing facilities and racetracks. The defense would apply when a property owner within five miles of a racetrack bought the property or built a structure after the racetrack was already completed, the racetrack is lawfully operating, and the nuisance claim is based on ordinary and anticipated activities of the facility such as noise, dust, traffic, lighting, and similar effects associated with racing operations.
The bill defines “racing facility and racetrack” broadly to include the track, spectator areas, garages, and related grounds and buildings used for competitive vehicle and motorsport races. It also states that the defense remains available even if the facility later changes its size, scope, configuration, technology, or the type of racing conducted, so long as the operation remains lawful and the claim concerns ordinary and anticipated activities.
Impact
If enacted, HB639 would limit the ability of nearby property owners to bring nuisance claims against existing racetracks for normal operational impacts, effectively shifting some legal risk away from racing facilities and toward later-arriving neighboring landowners. It would create a statutory defense in civil nuisance actions and would preempt conflicting county or township resolutions. The bill would not shield racetracks from compliance with state or federal environmental laws or health and safety regulations, and it would not bar claims for physical damage or personal injury.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the available record shows a neutral-to-supportive legislative posture at introduction, with the measure advancing only to the House Local Government Committee. The bill’s framing suggests support for motorsports and racetrack operators by protecting lawful existing uses from nuisance litigation, but no formal debate or vote history is available to show broader legislative sentiment.
Contention
The main point of contention is likely the balance between protecting racetrack operations and preserving remedies for nearby residents who experience noise, dust, traffic, and lighting impacts. Supporters would likely favor the bill as a property-rights and economic-development measure that protects established racing venues from lawsuits by later purchasers. Opponents would likely argue that it narrows nuisance protections for neighbors and could reduce local control, especially because it bars county and township resolutions that conflict with the statute. The bill expressly preserves environmental, health, safety, and personal-injury claims, which may address some concerns but not the core nuisance issue.
Civil procedure: other; racing facilities and racetracks; provide immunity from nuisance claims. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2940a.
Civil procedure: other; racing facilities and racetracks; provide immunity from nuisance claims. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2940a.