Vote Smart's Synopsis:

Vote to pass a bill that establishes a legal defense For racetracks against nuisance claims in Ohio.

Highlights:

• Establishes valid legal defense for racetracks against civil nuisance claims by owners of real property within the area of the racing facility or racetrack if (Sec. 1):

• The person purchased or constructed the real property after the racing facility or racetrack completed construction;

• The racing facility or racetrack is lawfully operating; and

• The nuisance claim is based on the racing facility or racetrack’s ordinary and anticipated activities.

• Specifies that all three of the aforementioned criteria must be true for the legal defense to be valid (Sec. 1).

• Authorizes the defense to apply regardless of any lawful changes to a racing facility or racetrack’s (Sec. 1):

• Size;

• Scope;

• Configuration;

• Size; or

• Type of racing conducted.

• Prohibits this Act from being construed to exempt a racing facility or racetrack from compliance with state and federal environmental laws or health and safety regulations (Sec. 1).

• Prohibits this Act from being construed to exempt a racing facility or racetrack from physical damage or personal injury claims (Sec. 1).

• Prohibits any county or township from adopting or enforcing a resolution that conflicts with this Act (Sec. 1).

Full Bill Text