✔️ HB639
Create defense to nuisance claims re: racing facilities
Summary
This bill creates a complete defense to nuisance claims for owners of real property within a five-mile radius of racing facilities and racetracks, provided they purchased or built their property after the racing facility's construction and the facility is lawfully operating. It specifies that nuisance claims must be based on ordinary and anticipated activities of the racing facility and racetrack. The bill does not exempt racing facilities from compliance with environmental laws or health and safety regulations.
Rationale
The bill supports property rights by providing a defense against nuisance claims, aligning with the Libertarian principles of property rights and limited government interference. However, it may also be seen as limiting individual rights of property owners who may be affected by the noise and activities of racing facilities, which could lower the LP score. The LPO score is higher as it aligns with their support for free markets and property rights.
Risks and Concerns
- Potential for increased noise and disruption for nearby residents
- May discourage new residents from moving near racing facilities
- Could lead to conflicts between property owners and racing facilities