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Sponsors seek to shield longstanding racetracks from nuisance suits
Summary
LB 943 would bar public or private nuisance claims against motorsports facilities that predate surrounding development, supporters said, arguing it protects small businesses and local economies; some senators pressed for clearer language on what constitutes a material change that would reopen claims.
Senator Myron Dorn introduced LB 943 to extend a Right‑to‑Farm style nuisance protection to racetracks and associated facilities that lawfully existed before nearby land-use changes. Dorn said the measure is "patterned" after Nebraska's Right to Farm statute and would prevent newer residents from suing long‑standing tracks out of existence.
Supporters including Victor Munoz of Performance Racing Industry and Tommy Denton, director/promoter for Beatrice and Jefferson County speedways, told the Judiciary Committee that motorsports facilities support local economies, generate tourism and jobs, and face growing legal uncertainty when residential development encroaches. "If a motorsports facility was established lawfully and has continued to operate in compliance with the law, it should not be forced out by newcomers who arrive later," Munoz said.
Testimony described multiple Nebraska tracks and family operations that have existed for generations, and witnesses urged predictability for operators. Denton cited examples of tracks closing after housing developed around them and said local steps—curfews, mufflers and cooperation with city councils—are commonly used to address noise complaints.
Committee members broadly indicated sympathy for protecting long‑running businesses but pressed for more precise drafting. Senator Wendy DeBoer recalled negotiating farm‑nuisance language in 2019 and asked whether LB 943 includes a statute of limitations or a definition for a "material change" in operations; Dorn acknowledged that"that is a necessary correction" and said he would work with the committee. Senator Jared Storm asked whether residents were aware a track already existed; testifiers said yes.
The hearing record included two proponent and two opponent online comments and one neutral comment. The committee concluded the hearing with Dorn waiving closing remarks.
