State of California
Pete Wilson, Governor

Governor's Office of Planning and Research

1400 Tenth Street
Sacramento, CA 95814
916-445-0613

Lee Grissom, Director
Robert Cervantes, Chief, Planning Unit & Author

December 1989


Acknowledgments

The Governor's Office of Planning and Research gratefully acknowledges the assistance that several colleagues provided on the draft versions of this paper. We also wish to thank Daniel J. Curtin, Jr. of the law firm of McCutchen, Doyle, Brown and Enersen; Craig Labadie of the law firm of McDonough, Holland and Allen; and Debra L. Cauble, formerly Senior Deputy City Attorney for the City of San Jose, for their helpful comments and keen observations.

Staff members contributing to this project were:
Renee Kucewicz, Terry Rivasplata, Jack Ferguson, Nancy Patton, Diane Richardson, Karen Keene, and Kathy Hatch


Table of Contents


Introduction

PART ONE: THE ESSENTIALS OF PREEMPTIONS
Definitions
Constitutional Background

Current Federal Judicial Standards
Status of Preemption Law
Interaction Between Preemptions and Other Laws

The California Perspective
Duplication of State Law
Contradiction of State Law
Preemption by Implication
Determining Statewide Concern
When Regulations are not Preemptions

Classifying Preemptions

PART TWO: LOCAL LAND USE PREEMPTIONS

Bibliography


Introduction

Information about the preemption of local land use regulation is relatively scarce, yet it is vital that practicing planners have a basic understanding of preemptions. Compounding this need is the growing quantity and complexity of statutes and case law concerning preemption of local land use regulation.

What, exactly, are preemptions, and why are they important? How are preemptions created, and how are they classified? What are the more widely known preemptions?

The answers to these and other questions about preemptions are found in this guide, which is intended to serve as a quick and easy to understand reference tool.

Although written with California's land use planners in mind, this guide will also be a useful resource for anyone concerned with preemptions, from local planning commissioners to elected officials and attorneys.


Next:
PART ONE: THE ESSENTIALS OF PREEMPTIONS

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