Nuisance actions against racing facilities, the official text

2025 - 2026 LEGISLATURE
LRB-5526/1
JK:ajk&skw

2025 ASSEMBLY BILL 880
January 16, 2026 - Introduced by Representatives Mursau, Brill, Kreibich, Duchow and Kurtz, cosponsored by Senators Tomczyk and Cabral-Guevara. Referred to Committee on Local Government.

An Act to create 66.0443 and 823.086 of the statutes; relating to: nuisance actions against racing facilities.

Analysis by the Legislative Reference Bureau
Current law, provides that any person, county, city, village, or town may commence an action to abate a public nuisance to the extent necessary to protect the complainant’s rights and to obtain an injunction to prevent injuries to the complainant. However, current law provides a number of restrictions to commencing such an action. For example, an agricultural use or practice may not be found to be a nuisance if, generally, the use or practice is conducted on land that has been used without substantial interruption as agricultural land and the agricultural use or practice does not present a substantial threat to public health or safety.
Under this bill, no racing facility may be found to be a public nuisance if all of the following apply:
1. The action alleging that the racing facility is a public nuisance is commenced by a person that owns real property that is within a five-mile radius of the perimeter of the racing facility.
2. The racing facility was constructed before the person commencing the nuisance action purchased, or made improvements to, the real property described above.
The bill defines “racing facility” as a racetrack, regardless of whether the racetrack is permanent or seasonal, and includes any spectator areas, garages, and associated grounds, buildings, or appurtenances used to conduct competitive motorsports races.
The bill also prohibits a political subdivision from regulating the operation of a racing facility in a manner that is inconsistent with the other provisions under the bill. Under current law, “political subdivision” means a city, village, town, or county.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 66.0443 of the statutes is created to read:
66.0443 Racing facilities. (1) In this section, “racing facility” has the meaning given in s. 823.086 (1).
(2) No political subdivision may regulate the operation of a racing facility in a manner that is inconsistent with s. 823.086.
Section 2. 823.086 of the statutes is created to read:
823.086 Actions against racing facilities. (1) In this section, “racing facility” means a racetrack, regardless of whether the racetrack is permanent or seasonal, and includes any spectator areas, garages, and associated grounds, buildings, or appurtenances used to conduct competitive motorsports races.
(2) No racing facility may be found to be a public nuisance if all of the following apply:
(a) The action alleging that the racing facility is a public nuisance is commenced by a person that owns real property that is within a 5-mile radius of the perimeter of the property on which the racing facility is located.
(b) The racing facility was constructed or in operation before the person commencing the action purchased, or made improvements to, the real property described under par. (a).

(3) The prohibition under sub. (2) applies to a racing facility regardless of changes to the size of the racing facility or to the scope, configuration, technology, or type of racing conducted at the racing facility made after the person commencing the action purchased, or made improvements to, the real property described under par. (a) if the changes made to the racing facility were not made in violation of any legal restriction.
Section 3. Initial applicability.
(1) The treatment of s. 823.086 first applies to actions commenced on the effective date of this subsection.
(end)