Amended

April 14, 2026

 

H. 4706

 

Introduced by Reps. Rutherford, Neese, Chumley, Hartnett, Gilliard, Rivers and Williams

 

S. Printed 4/14/26--H.

Read the first time January 13, 2026

 

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A bill

 

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.

    Amend Title To Conform

 

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

 

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 and established a vested right in the development of the property or contiguous group of properties where the racing facility is located 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.

 

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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.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.

 

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

 

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