Racing facility, the official text

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A238, R252, H4706)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-1-350 SO AS TO PROHIBIT CERTAIN RACING FACILITIES, UNDER CERTAIN CIRCUMSTANCES, FROM BEING SUBJECT TO NUISANCE AND TAKING CAUSES OF ACTION FROM A SURROUNDING LANDOWNER, AND TO PROVIDE EXCEPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Racing facility, nuisance or taking

SECTION 1. Chapter 1, Title 15 of the S.C. Code is amended by adding:

Section 15-1-350. (A) As used in this section:

(1) "Area of the racing facility" means within a three-mile radius of the perimeter of the property or contiguous group of properties where a racing facility is located.

(2) "Racing facility" means a designated area 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.

(B) A racing facility is not subject to any action brought by a surrounding property owner under any nuisance or taking cause of action if the developer of the racing facility obtained all permits required for construction of the racing facility, established a vested right in the development of the property or contiguous group of properties where the racing facility is located and the development of such could have been discovered by reasonable inquiry including, but not limited to, a search of public documents or permits, before the surrounding property owner either purchased the real property or constructed any building in the area of the racing facility.

(C) A racing facility must have made reasonable progress in the construction of the racing facility within two years of obtaining all required permits in order to avail themselves of the protections contained in subsection (B).

(D) Nothing in this section can be read to limit nuisance actions of a law enforcement agency or government entity that are initiated to prohibit activity that is not related to the lawful construction and operation of a racing facility.

(E) This section does not apply if the racing facility makes a substantial and material expansion of operations that results in a significant increase in the overall intensity of use of the facility including, but not limited to, a demonstrable increase beyond a factor of two in the number of racing event days beyond historical patterns of operation existing before a surrounding property owner either purchased the real property or constructed any building in the area of the racing facility.

Savings

SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2026.

Approved the 19th day of May, 2026.

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