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South Carolina · Through 2026 Session of the General Assembly

S.C. Code Ann. § 15-1-350: Racing facilities not subject to nuisance actions.

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Where this section sits in the code
  1. Title 15 - CIVIL REMEDIES AND PROCEDURES
  2. CHAPTER 1 General Provisions

(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.

Collected 2026-10-25T03:12:50Z. Source file · JSON

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