The legislature has unanimously voted to give Iowa race tracks a legal defense against so-called “nuisance” lawsuits filed by new neighbors.
Senator Cherilynn Westrich of Ottumwa said the liability protection would apply if the complaint comes from a property owner who acquired the property after the race track was built.
“Some Iowa race tracks are facing a problem where housing developments are being built around them and they currently could be subject to nuisance actions for sound, light and so forth,” she said, “even though the track was built first and they’re in compliance with standard operating procedures for the industry.”
Representative Barb Kniff McCullah of Pella said race tracks could not only face lawsuits over the noise, but for dirt in the air from races held on dirt tracks. “As city development grows out towards longstanding existing raceways, these racing facilities should not be punished for operating their business correctly,” she said, “meaning they are following all relevant federal, state and local laws.”
Representative Larry McBurney of Urbandale said suing after moving in next to a race track doesn’t make sense. “I equated it to living next to a golf course,” he said, “and getting mad that golf balls wound up in your backyard.”
The bill passed the House on March 27 and the Senate sent it to the governor yesterday.