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Committee advances bill shielding permitted racetracks from later nuisance suits
Summary
The subcommittee reported House Bill 4706 favorably after testimony from the Performance Racing Industry; the bill would bar nuisance or takings suits by later-arriving neighbors against a racing facility if the developer had proper permits and made reasonable progress within two years, while preserving remedies for gross negligence and regulatory violations.
The committee advanced House Bill 4706, which would protect racing facilities that obtained required permits and made reasonable progress within two years from nuisance or takings lawsuits brought by later-arriving property owners within a three-mile radius.
Tiara Hubbard, representing the Performance Racing Industry, testified that "In South Carolina, the performance racing industry contributes 1,000,000,000 annually and supports over 5,000 full-time jobs," and said the bill would protect roughly 22 permanent tracks. Hubbard emphasized the bill would not remove oversight: it would not shield facilities from environmental laws, zoning requirements, safety regulations or governmental enforcement actions.
Committee members asked clarifying questions about the types of tracks covered (dirt, paved, drag strips and off-roading facilities were discussed) and about a local example, the Greenville Pickett Speedway; Hubbard said her organization was familiar with preservation efforts but had not actively worked the Greenville case. After discussion, the subcommittee moved and voted favorably on HB 4706 by voice vote and will send the bill to the full committee for further consideration.
The bill as described would define a racing facility’s protective zone as a three-mile radius of the perimeter, require reasonable progress on construction within two years to maintain protections, and preserve law-enforcement and governmental nuisance actions for prohibited activities unrelated to lawful construction and operation.
The committee’s favorable report was by voice vote; no roll-call tally was provided.
