2026 Regular Session
HB 4478
Relating to racing facilities
In Committee
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to limit the liability of racing facilities in West Virginia for claims brought by surrounding property owners. It establishes a five-year time limit for such claims to be filed and provides immunity to existing racing facilities that have been operating lawfully for at least five years. The bill also prohibits local governments from enacting regulations that would restrict the operation of these facilities.
Key provisions
- Defines ‘racing facility’ as a designated area for competitive vehicle or motorsport racing.
- Establishes a five-year time limit for surrounding property owners to file nuisance lawsuits against racing facilities.
- Provides immunity to existing racing facilities that have been operating lawfully for at least five years.
- Prohibits local governments from enacting regulations that restrict racing facility operations.
- Specifies that compliance with state and federal law is considered prima facie evidence of lawful operation.
- Limits immunity to claims by property owners who acquired or improved property after the facility’s establishment.
Who is affected
- Racing facilities (racetracks)
- Surrounding property owners
- Local governments (counties, municipalities)
- West Virginia Legislature
- Motor sports industry
Notable changes
- Creates a specific time limit for nuisance lawsuits against racing facilities.
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