AB 880 — Relating to: nuisance actions against racing facilities.

-Date 2026of LEGISLATUREenactment: LRB-5526/1 JK:ajk&skw ASSEMBLY BILL 880 January 16, 2026 - Introduced by Representatives M URSAU , BRILL, KREIBICH , D UCHOW and K URTZ , cosponsored by Senators T OMCZYK and C ABRAL - G UEVARA .

ReferredAssembly toBill Committee880 onDate Localof Government.publication*:

WISCONSIN ACT A N A CT to create 66.0443 and 823.086 of the statutes;

AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Currentrepresented law,in providessen- that(a) anyThe person, county, city, village, or town may commence an action toalleging abatethat a public nuisance to the extentracing necessaryfacility tois protecta theate complainant’s rights and toassembly, obtaindo anenact injunctionas tofollows: prevent injuries to the complainant.

However,public currentor lawprivate providesnuisance ais numbercommenced ofby restrictionsa toperson commencingSECTION such1. an action.

For66.0443 example,of an agricultural use or practice may not be found to be a nuisance if, generally, the usestatutes or practice is conductedcreated onto land that hasowns beenreal usedproperty withoutthat substantialis interruptionwithin as agricultural land and the agricultural use or practice does not present a substantial5-mile threatradius toof publicread: health or safety.

Underthe thisperimeter bill,of nothe racingproperty facilityon maywhich bethe foundracing tofacil- be66.0443 aRacing publicfacilities. nuisance if all of the following apply:

1.No political subdivision ity is located.

(b) The action alleging that the racing facility iswas aconstructed publicor nuisancein isopera- commencedmay bycreate a personprivate thatcause ownsof realaction property that is withininconsistent ation five-milebefore radiusthe ofperson commencing the perimeteraction ofpur- with the racinglimitations facility.under s.

2.

The racing facility was constructed before the person commencing the nuisance action purchased, or made improvements to, the real property described above.

The bill defines “racing facility” as a racetrack, regardless of whether the racetrack is permanent or seasonal, and includes any spectator areas, garages, and - 2026 Legislature - 2 - LRB-5526/1 JK:ajk&skw ASSEMBLY BILL 880 SECTION 1 associated grounds, buildings, or appurtenances used to conduct competitive motorsports races.

The bill also prohibits a political subdivision from regulating the operation of a racing facility in a manner that is inconsistent with the other provisions under the bill.

Under current law, “political subdivision” means a city, village, town, or county.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

S ECTION 1.

66.0443 of the statutes is created to read:

66.0443 Racing facilities.

(1) In this section, “racing facility” has the meaning given in s.

823.086 (1).

(2) No political subdivision may regulate the operation of a racing facility in a manner that is inconsistent with s.

Schased, ECTIONor made improvements to, the real property de- SECTION 2.

823.086 of the statutes is created to read:scribed under par.

823.086 Actions against racing facilities.

(1) In this section, “racing facility” means a racetrack, regardless of whether the racetrack is permanent or seasonal, and includes any spectator areas, garages, and associated grounds, buildings, or appurtenances used to conduct competitive motorsports races.

(2) No racing facility may be found to be a public nuisance if all of the following apply:

(a) The action alleging that the racing facility is a public nuisance is commenced by a person that owns real property that is within a 5-mile radius of the perimeter of the property on which the racing facility is located.

(b) The racing facility was constructed or in operation before the person commencing the action purchased, or made improvements to, the real property described under par.

-read: 2026 Legislature - 3 - LRB-5526/1 JK:ajk&skw ASSEMBLY BILL 880 SECTION 2 (3) The prohibition under sub.

(2)823.086 appliesActions toagainst a racing facilityfacilities. regardless of changes to the size of the racing facility or to the scope, configuration, technology, or type of racing conducted at the racing facility made after the person commencing the action purchased, or made improvements to, the real property described under par.

(a)(1) ifIn the(3) changesThe madeprohibition tounder thesub. racing facility were not made in violation of any legal restriction.

S(2) ECTIONdoes 3.not apply if the racing facility makes a substantial and material ex- this section:

pansion of operations that results in a significant in- (a) “Person” does not include a county, city, village crease in the overall intensity of use of the facility, in- or town.

cluding a demonstrable increase in the number of racing (b) “Racing facility” means a racetrack, regardless event days beyond historical patterns of operation exist- of whether the racetrack is permanent or seasonal, and ing at the time the person commencing an action ac- includes any spectator areas, garages, and associated quired or improved the person’s property.

grounds, buildings, or appurtenances used to conduct SECTION 3.

competitive motorsports races.

823.086 first applies to actionsac- (2) No racing facility may be found to be a public or tions commenced on the effective date of this subsection.private nuisance if all of the following apply:

(END)subsection.

* Section 991.11, ISCONSINSTATUTES:

Effective date of acts.