HB 1066: Nuisances; immunity from public and private nuisance claims; provide

Currently, Georgia property owners can sue a nearby business, including a racetrack, for nuisance if noise, dust, traffic, or other conditions interfere with the use of their land. This bill adds a new section to Georgia's nuisance law (O.C.G.A. Chapter 1 of Title 41) that protects racing facilities from those lawsuits under certain conditions. If someone buys property or builds new construction near a racetrack that already existed, they could not later sue over routine racing noise, lights, dust, traffic, or similar effects. A racetrack also could not be found a nuisance just because surrounding conditions changed, as long as it has operated for at least one year. The protection covers a 5-mile radius around tracks in rural counties (under 50,000 people) and a 3-mile radius elsewhere. The immunity would not apply if the track itself materially changes its historic operations. The law would take effect July 1, 2026, and apply to nuisance lawsuits filed on or after that date.

• Creates a new Georgia Code section (O.C.G.A. § 41-1-11) giving racing facilities immunity from public and private nuisance lawsuits tied to normal racing operations.
• Bars nuisance claims from property owners who bought land or built new construction near an already-existing racetrack, within a defined distance.
• Sets that distance at a 5-mile radius around tracks in rural counties (population under 50,000) and 3 miles around tracks in all other counties.
• Protects a racetrack from being called a nuisance solely due to changed surrounding conditions, once it has operated for at least one year.
• Carves out an exception: the immunity does not apply if the racetrack itself makes a material change to its historic operations.
• Sets the law to take effect July 1, 2026, applying only to nuisance lawsuits filed on or after that date.

Owners and operators of motorsports racing facilities in Georgia, nearby property owners and homeowners who might otherwise sue over noise, dust, lights, or traffic, and Georgia courts that hear nuisance lawsuits involving racetracks.

People who move near an established racetrack, or build new homes there, would lose the ability to sue over the noise, dust, lighting, and traffic that come with normal race events, as long as the track hasn't changed its historic operations and has run for at least a year.

• Section 1 adds O.C.G.A. § 41-1-11, defining 'racing facility,' 'racing operations,' 'area of the racing facility,' and 'rural county' for purposes of the immunity.
• Subsection (b) bars nuisance claims from property owners who purchased or built near a pre-existing racetrack within its defined radius.
• Subsection (c) protects a racetrack from nuisance liability based on changed surrounding conditions once it has operated for at least one year.
• Subsection (d) states the immunity does not cover claims based solely on a material change to the track's historic racing operations.
• Section 2 sets the effective date as July 1, 2026, applying to nuisance actions filed on or after that date.
• Section 3 repeals conflicting laws.

1. 2026-02-12House Committee Favorably Reported By Substitute (House)
2. 2026-02-10House Withdrawn, Recommitted (House)
3. 2026-02-05House Committee Favorably Reported (House)
4. 2026-02-02House Second Readers (House)
5. 2026-01-29House First Readers (House)
6. 2026-01-28House Hopper (House)

• Will Wade (R, HD-009)Primary sponsor
• Alan Powell (R, HD-033)
• Karen Mathiak (R, HD-082)
• Tyler Smith (R, HD-018)
• Josh Bonner (R, HD-073)
• Rob Clifton (R, HD-131)

• nuisance law
• motorsports racing
• property rights
• rural counties
• land use