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
Return to Table of Contents