South CarolinaH 4706126th General Assembly (2025-2026)House

AN ACT 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, AND TO PROVIDE EXCEPTIONS.

Sponsored By: J. Todd Rutherford (Democrat)

Signed by Governor

Summary

Racing facility

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Homeowners face limits suing racetracks

Starting May 19, 2026, race tracks are mostly protected from private nuisance or takings lawsuits by nearby owners within three miles. The protection applies only if, before you bought or built nearby, the developer had all required permits and a vested right to build that you could find in public records. The developer must also make reasonable progress within two years after getting permits. Government agencies can still bring nuisance actions for activity not tied to lawful building or operation. The protection ends if the track makes a big expansion that clearly increases overall use, including more than doubling event days compared to past patterns before you bought or built.

Sponsors & Cosponsors

Sponsor

  • J. Todd Rutherford

    Democrat • House

Cosponsors

  • William M. "Bill" Chumley

    Republican • House

  • Wendell G. Gilliard

    Democrat • House

  • Thomas F. "Tom" Hartnett, Jr.

    Republican • House

  • Mike M. Neese

    Republican • House

  • Michael F. Rivers, Sr.

    Democrat • House

  • Robert Q. Williams

    Democrat • House

Roll Call Votes

All Roll Calls

Yes: 373 • No: 0

House vote • 5/14/2026

(Racing facility)Adopt Amendment 1  Amendment number 1a

Yes: 113 • No: 0

Senate vote • 5/13/2026

(Racing facility)3rd Reading

Yes: 40 • No: 0

House vote • 4/14/2026

(Racing facility)Passage of Bill

Yes: 110 • No: 0

House vote • 4/14/2026

(Racing facility)Passage of Bill

Yes: 110 • No: 0

Actions Timeline

  1. Effective date 05/19/26

    6/5/2026legislature
  2. Act No. 238

    6/3/2026legislature
  3. Signed By Governor

    5/19/2026Governor
  4. Ratified R 252

    5/15/2026legislature
  5. Concurred in House amendment and enrolled

    5/14/2026Senate
  6. Roll call Yeas-113 Nays-0

    5/14/2026House
  7. Returned to Senate with amendments

    5/14/2026House
  8. Senate amendment amended

    5/14/2026House
  9. Roll call Ayes-40 Nays-0

    5/13/2026Senate
  10. Read third time and returned to House with amendments

    5/13/2026Senate
  11. Amended

    5/13/2026Senate
  12. Read second time

    5/12/2026Senate
  13. Committee report: Favorable Judiciary

    4/29/2026Senate
  14. Referred to Committee on Judiciary

    4/15/2026Senate
  15. Introduced and read first time

    4/15/2026Senate
  16. Read third time and sent to Senate

    4/15/2026House
  17. Roll call Yeas-110 Nays-0

    4/14/2026House
  18. Read second time

    4/14/2026House
  19. Amended

    4/14/2026House
  20. Member(s) request name added as sponsor: Gilliard, Rivers, Williams

    4/14/2026House
  21. Committee report: Favorable with amendment Judiciary

    4/2/2026House
  22. Member(s) request name added as sponsor: Hartnett

    3/26/2026House
  23. Referred to Committee on Judiciary

    1/13/2026House
  24. Introduced and read first time

    1/13/2026House
  25. Referred to Committee on Judiciary

    12/16/2025House

Bill Text

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