Senate Bill 2357

AN ACT TO CREATE NEW SECTION 95-3-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A REAL PROPERTY OWNER WHO OWNS PROPERTY WITHIN A RACING FACILITY ZONE SHALL NOT HAVE A NUISANCE, TAKING OR OTHER RELATED CAUSE OF ACTION AGAINST A RACING FACILITY OR RACETRACK WHERE THE RACING FACILITY OR RACETRACK WAS BUILT BEFORE THE REAL PROPERTY OWNER EITHER PURCHASED THE REAL PROPERTY OR IMPROVED THE REAL PROPERTY IN THE RACING FACILITY ZONE; TO DEFINE TERMS; TO PROVIDE THAT THIS SECTION SHALL APPLY NOTWITHSTANDING ANY CHANGES TO THE SIZE, SCOPE, CONFIGURATION, TECHNOLOGY, OR TYPE OF RACING CONDUCTED AT THE RACING FACILITY AND RACETRACK AS LONG AS SUCH CHANGES TO THE RACING FACILITY AND RACETRACK ARE LAWFUL; TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ADOPTING OR ENFORCING 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 SECTION; TO PROVIDE THE APPLICABILITY OF STATE OR FEDERAL ENVIRONMENTAL OR HEALTH AND SAFETY LAWS AND REGULATIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 95-3-31, Mississippi Code of 1972:

95-3-31. (1) For purposes of this section, the following terms shall have the meaning ascribed herein unless the context clearly requires otherwise:

(a) "Racing facility zone" means the area within a radius of five (5) miles of the perimeter of the property or contiguous group of properties where a racing facility and racetrack is located.

(b) "Racing facility and racetrack" means a designated area or facility where competitive vehicle and motorsport races are conducted. The term includes the track, spectator areas, garages, and any associated grounds, buildings, or appurtenances used to operate the races.

(2) A real property owner who owns property within a racing facility zone shall not have a nuisance, taking or other related cause of action against a racing facility or racetrack where the racing facility or racetrack was built before the real property owner either purchased the real property or improved the real property in the racing facility zone.

(3) This section shall apply notwithstanding any changes to the size, scope, configuration, technology, or type of racing conducted at the racing facility and racetrack as long as such changes to the racing facility and racetrack are lawful.

(4) This section shall apply to all claims filed on or after the effective date of this act against a racing facility or racetrack in this state notwithstanding the date on which the cause of action is alleged to have arisen or the date on which the real property owner either purchased the real property or improved the real property.

(5) A political subdivision of this state shall not adopt or enforce 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 section.

(6) Nothing in this section shall be construed to exempt racing facilities from compliance with state or federal environmental or health and safety laws and regulations, including, but not limited to, the "Mississippi Air and Water Pollution Control Law."

SECTION 2. This act shall take effect and be in force from and after its passage.