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Property Rights and Race tracks forced to close

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Old 04-03-2008, 03:21 PM
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WBHighwind
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Default Property Rights and Race tracks forced to close

I am doing a speech for one of my classes on a proposed law change that would protect facilities like race tracks from being closed due to nuisance complaints by local homeowners. I was wondering if anyone here had some information on the subject, experience, or could point me in the right direction of people to talk to. I know there was a thread on this forum a couple of months back on the subject that I was trying to find so if anyone has a like to that, it would be helpful. Ive already been in contact with the owner of Texas World Speedway and he gave me some good ideas.

This is a subject that affects a lot of the older tracks that we know and love and with more tracks being built around the nation, its an issue that needs to cleared up. I'm sure we all know the benefits of having racetracks local to us so lets try and do our part to keep them open.

Thanks guys.
Old 04-03-2008, 03:25 PM
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Carl Johansson
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Originally Posted by WBHighwind
I am doing a speech for one of my classes on a proposed law change that would protect facilities like race tracks from being closed due to nuisance complaints by local homeowners. I was wondering if anyone here had some information on the subject, experience, or could point me in the right direction of people to talk to. I know there was a thread on this forum a couple of months back on the subject that I was trying to find so if anyone has a like to that, it would be helpful. Ive already been in contact with the owner of Texas World Speedway and he gave me some good ideas.

This is a subject that affects a lot of the older tracks that we know and love and with more tracks being built around the nation, its an issue that needs to cleared up. I'm sure we all know the benefits of having racetracks local to us so lets try and do our part to keep them open.



Thanks guys.
The thread you spoke of involved a track in or around Oakland California if I am not mistaken. one of the best ideas I have seen is the guy that runs willowsprings applied for and had iut declared one of those national heritage sites - or historical sites - something like that - apparently it gives him pretty good immunity to the "people move in - and cast out the very thing that made their property affordable!" conundrum!
Old 04-03-2008, 03:46 PM
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AU N EGL
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Did not the Supreme Court rule that the Public Good and higher Tax base takes priority over property rights ?

Something else to look at may be what Barbour Motorsports Park and the NJ Motorsports Park have done, Build on a old Super Fund toxic waste dump. Both track developers owners received Government Super Fund Clean up money to clean the toxic waste dumps then build the Motorsports track.

Last edited by AU N EGL; 04-03-2008 at 03:51 PM.
Old 04-03-2008, 04:01 PM
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mgarfias
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try contacting the guy behind http://www.arizonamotorsportspark.com/
he got shutdown a few years ago because of noise complaints from his distant neighbors. nevermind that hes right next door to an F16 base.
Old 04-03-2008, 04:25 PM
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robvuk
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It seems so ignorant to move next door to a track or an airport and then bitch about the noise. They should just make it a law for a certain distance around the track property to have a legal notice and sign releases on all properties for sale that make it clear what they're getting into beforehand.

The track owners should buy the property around the area and then establish a homeowners association before selling off what they don't need. Then the association can set the rules and covenants about noise. Did anyone here ever try to deviate from a homeowners associations bylaws? It's almost impossible and you can't secede from the organization either.

I have no experience with dealing with the laws and problems but I do have experience in reducing the noise. A friend of mine owned an outdoor concert venue that had similar issues.
Old 04-03-2008, 04:37 PM
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Solofast
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You hit the nail right on the head.

Originally Posted by Carl Johansson
the "people move in - and cast out the very thing that made their property affordable!" conundrum!
It is quite simply called GREED!!! The property around airports and race tracks is cheap BECAUSE of the noise that is generic to these type of places. Folks move in because the property is cheep, and then they complain about the noise so that they can get the place shut down and their property values will shoot up.

Suggest that you talk to the AOPA (Aircraft Owners and Pilots Associaton). They are fighting this battle every day and have plenty of information available to folks trying to address the basic issue that we are talking about here. The "historic" designation is good, it would make it impossible to take you on.

Many airports take federal funding for improvements, and that tends to lock locals out in terms of shutting them down, but any way that you do it is ok by me, so I really like the historic designation route.

I think that trying to shut down or restrict the use of a legal property is simply legalized theft. If the home owners hate the nusiance so much that they want to get rid of it, make them buy it and then they can do what they want with it, turn it into a park or a mall, (there are two former small airports in Toledo that are shopping mall now). But to try to restrict it or to take it by "immenent domain" is simply theft by legal means.
Old 04-03-2008, 05:11 PM
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contact Raceway Park in Englishtown, NJ.
They should be able to give you some useful information.
IT's a drag track, and has gone through these problems over the past few years. It survived only because of the vast support from racers in the area lobbying their state representatives.

Joel
Old 04-03-2008, 08:02 PM
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heavychevy
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Road Atlanta faces fierce uprisings every few years, I'm sure someone there may be able to help. There was actually a time early last year when we thought it would close.

The developers trying to get the area rezoned and such. And every 5 years they come back with the same nonsense. Luckily Don Panoz owns so much of the city, tough luck to the developers.

But I still fear for Road Atlanta's long term future with all the people moving. I love being able to go out on my patio and hear when there are cars circulating. I think part of the problem here is the developers nad builders who dont tell people they'll hear as much as they do, or that there is a track less than a linear mile away.

Then they wake up to straight pipes a blaring.
Old 04-03-2008, 09:38 PM
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Originally Posted by db2xpert
contact Raceway Park in Englishtown, NJ.
They should be able to give you some useful information.
IT's a drag track, and has gone through these problems over the past few years. It survived only because of the vast support from racers in the area lobbying their state representatives.

Joel
Joel
The last I heard about raceway park was that they told the township and local residents that if they were forced to closed they would turn the land into a huge pig farm operation which would have been a legal use.
Alan
Old 04-03-2008, 10:03 PM
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Lancer033
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Originally Posted by robvuk
It seems so ignorant to move next door to a track or an airport and then bitch about the noise. They should just make it a law for a certain distance around the track property to have a legal notice and sign releases on all properties for sale that make it clear what they're getting into beforehand.

The track owners should buy the property around the area and then establish a homeowners association before selling off what they don't need. Then the association can set the rules and covenants about noise. Did anyone here ever try to deviate from a homeowners associations bylaws? It's almost impossible and you can't secede from the organization either.

I have no experience with dealing with the laws and problems but I do have experience in reducing the noise. A friend of mine owned an outdoor concert venue that had similar issues.
you might have some luck getting information on Airports too, pretty much the same issue. People by cheap property next to an airport and complain until the airport gets shut down and their property value goes up along with the satisfaction that "those rich guys" with their private planes can't fly there anymore. Wealth envy is very much alive in this country and aviation and racing are both a rich man's game.

There's also the environmental wack-jobs that think a highly tuned sports car does more harm to the environment than their SUV or the production of the batteries to run their electric car
Old 04-03-2008, 10:19 PM
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When I was flying model airplanes at a local club we had this same problem. We didn't even own the land or pay rent just maintained it for free--it was county land declared a wildlife preserve or whatever.

With us it was only a few residents that would complains so I think it really helped that the club president would talk to them one-on-one. And of course, we were strict with sound measurement rules and where you could fly (not in the direction of the complainers).

Unless you have a politician on your side especially in zoning, I don't think you can do anything more.
Old 04-03-2008, 10:43 PM
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Originally Posted by AU N EGL
Did not the Supreme Court rule that the Public Good and higher Tax base takes priority over property rights ?
The Sandra O'connor court did in a 5/4 decision. I don't think that BS would pass muster with the Roberts court as it stands now. I would love to see another case challenging Kelo.
Old 04-03-2008, 11:28 PM
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On real projects when I needed the kind of help you are looking for, I relied heavily on Urban Land Institure in Washington, D.C. They are an educational organization for real estate developers. Call the librarian. She should be able to help you. Their resources are extensive.
Website is www.uli.org

As well, the University of Wisconsin and the University of B.C. have strong land programs. However, I would expect that the books written by the professors at the U.of W. and UBC are in the ULI library.
Old 04-04-2008, 07:20 AM
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AU N EGL
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Originally Posted by OCCOMSRAZOR
The Sandra O'connor court did in a 5/4 decision. I don't think that BS would pass muster with the Roberts court as it stands now. I would love to see another case challenging Kelo.
We will see how conservative the Roberts court does with with 2nd Amendment case before them now.

The individuals 'right of the people " or is that right only for "A Well Regulated Militias" ( ie National Guard ) under the control of a States Governor to keep and bear arms?

Even though both are stated in the 2nd Amendment.
Old 04-04-2008, 08:01 AM
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varkwso
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Originally Posted by AU N EGL
..Barber Motorsports Park ...Build on a old Super Fund toxic waste dump. ....

Barber is actually built on top of an old coal mine....it was never used as a dump site.....but the Feds did help clean it up under mine reclamation law....
Old 04-04-2008, 08:21 AM
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AU N EGL
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Originally Posted by varkwso
Barber is actually built on top of an old coal mine....it was never used as a dump site.....but the Feds did help clean it up under mine reclamation law....
Ahh thanks Jeff. Still built with federal money
Old 04-04-2008, 09:15 AM
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Carl Johansson
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Originally Posted by robvuk
It seems so ignorant to move next door to a track or an airport and then bitch about the noise. They should just make it a law for a certain distance around the track property to have a legal notice and sign releases on all properties for sale that make it clear what they're getting into beforehand.

The track owners should buy the property around the area and then establish a homeowners association before selling off what they don't need. Then the association can set the rules and covenants about noise. Did anyone here ever try to deviate from a homeowners associations bylaws? It's almost impossible and you can't secede from the organization either.

I have no experience with dealing with the laws and problems but I do have experience in reducing the noise. A friend of mine owned an outdoor concert venue that had similar issues.
real estate contracts do have a disclosure clause at the end - listing stuff like next to an airport./ racetrack etc. people know about these things when they sign - but they want a house - and these are cheap - 10 years later - they decide that they will form a group and get militant - and start looking for ways to close down the "nuisance"- the fact that they signed off on the nuisance when they bought the property means nothing to them - I mean " how could you possibly hold them accountable for a legal document they willingly signed?"

carl Johansson

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Old 04-04-2008, 12:30 PM
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Originally Posted by AU N EGL
We will see how conservative the Roberts court does with with 2nd Amendment case before them now.

The individuals 'right of the people " or is that right only for "A Well Regulated Militias" ( ie National Guard ) under the control of a States Governor to keep and bear arms?

Even though both are stated in the 2nd Amendment.
Not wanting to hijack the thread, I'll just state that I'm certain you'll be pleased with the result.

The whole "militia" argument is completely phony to anyone that has actually read the first amendment. The 1st amendment uses the phrase "..the right of the people.." which has always been interpreted as an individual right. The 2nd amendment uses the exact same phrase and was always intended as an individual right. (Just read what Hamilton wrote about individuals vs the government vs a standing army in the Federalist Papers and you'll understand how the founders wanted individuals to own weapons as a direct deterrence to a government that moved towards totalitarianism by ignoring the civil and property rights of it's citizens.)


The appointments of Alito and Roberts to the court may be the most important factor for preserving conservatism in the next 20 years.

The two new vacancies on the court (Stevens and Ginsberg) make this upcoming election incredibly important.

Old 04-04-2008, 02:15 PM
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steponc
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Do a search on forum member doje. He had a thread on sending letters to Alameda County, Ca about the further restrictions that might be imposed on Altamount Speedway. These restrictions will make it impossible for the track to continue business. I think the thread was in Events & Regional - Northern California
Old 04-04-2008, 03:11 PM
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Here is a link to the thread to the problems with Altamont Speedway.

http://forums.corvetteforum.com/show...light=altamont

Larry


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