HB 1705 -- Racetrack Nuisance Actions

Sponsor:  Hunter

This bill gives owners of racetracks in existence as of the
effective date of the bill immunity from criminal liability
arising out of noise resulting from the normal use of the
racetrack.  Owners of racetracks cannot be subject to actions for
public or private nuisance or trespass.  No court may enjoin the
use or operation of a racetrack on the basis of noise resulting
from the normal use of the racetrack.

Owners of racetracks that begin operation after the effective
date of the bill are immune from criminal liability and may not
be subject to any action for public or private nuisance or
trespass arising out of noise resulting from the normal use of
the racetrack if the racetrack is on land that is subject to land
use zoning and is in compliance with the requirements of the
zoning authority.

Individuals who acquire property that is adversely affected by
the operation of a racetrack that was in operation prior to the
time the individual acquired the property may not maintain a
nuisance action on the basis of noise against the owner of the
racetrack.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:16 am