West Virginia Bill Limits Civil Liability for Preexisting Racing Facilities and Preempts Local Regulation

Original title: Relating to racing facilities

Last action · January 27, 2026: Markup DiscussionSponsors: Gary Howell and 9 others

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Proposed

West Virginia House Bill 4478 shields lawfully established racing facilities from civil lawsuits related to noise, vibration, nuisance, or trespass if the facility operated before surrounding property owners acquired their land or if operations have continued for five years. The measure also bars local governments from passing ordinances or zoning rules that restrict racing facility operations.

Why it matters

Property owners near racetracks lose the right to sue facilities for noise, vibration, or nuisance after five years of continuous operation or if the track predated their property acquisition, while local governments are stripped of authority to regulate track operations.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Racing facilities

Racing facilities receive statutory immunity from nuisance, noise, vibration, and trespass claims under specified conditions and are protected from local land-use restrictions.

Directly affected

Surrounding property owners

Property owners near racetracks lose the legal right to bring civil actions based on nuisance, noise, vibration, or trespass if they acquired property after the facility was established or failed to file suit within five years of continuous operation.

Directly affected

Counties and municipalities

Local governments are barred from enacting ordinances, zoning restrictions, or regulations that limit or restrict racing facility operations inconsistently with the bill.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Can I sue a racetrack near my home for noise or vibration?

Under HB 4478, you cannot sue a racing facility for noise, vibration, nuisance, or trespass if the facility was operating before you acquired your property, or if the facility has been in continuous, lawful operation for five years or more prior to the lawsuit.

Does changing the type of racing or upgrading equipment cancel the facility's immunity?

No. Changes in ownership, size, scope, configuration, technology, equipment, frequency of events, or type of racing do not affect immunity as long as the facility complies with applicable state and federal law.

Can my local city council or county commission pass an ordinance to restrict a racetrack's operating hours?

No. The bill explicitly preempts local governments from adopting or enforcing any ordinance, regulation, zoning restriction, or land-use requirement that limits, restricts, or prohibits the operation of a racing facility inconsistently with the statute.

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Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

6 actions

Jan 27, 2026House
Markup Discussion
Jan 26, 2026HouseCommittee
To House Legal Services
Jan 16, 2026HouseCommittee
To House Judiciary
Jan 16, 2026HouseIntroduced
Introduced in House
Jan 16, 2026HouseCommittee
To Judiciary
Jan 16, 2026HouseIntroduced
Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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