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== Legal Issues ==
Intrastate Preemption
Boston University Law Review, Vol. 87, No. 5, pp. 1113-76, December 2007
64 Pages
Posted: 20 Jun 2007
Last revised: 18 Jan 2008
Paul A. Diller
Willamette University College of Law
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Abstract
City policy experimentation is a catalyst for change at the state and national levels. From gay rights to the environment to public health, cities and other forms of local government are adopting new and innovative policies in the wake of inaction by the higher levels of government. The legality of these policies is frequently challenged, however, by claims that a city's ordinance has been preempted by state law. Despite the crucial importance of intrastate preemption to the question of city power, it has heretofore received scant academic attention. This paper demonstrates how, as currently applied, intrastate preemption dampens local policy innovation, which has a negative effect on the state and national political processes. It argues that state courts, drawing on their institutional advantages, should take a new approach to intrastate preemption that facilitates good-faith policy experimentation by cities while discouraging parochial and exclusionary municipal action.
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see [[SB35|SB35]] for 2017-18 legislative proposal to increase state's ability to encourage and enforce housing goals in places where there is deemed to be insufficient housing production.
The office of the sponsoring official, Senator Scott Wiener, has this statement on local control: ''[citation needed].''
<blockquote>''"every community has a civic responsibility to build housing. Local control should be used to determine HOW you build enough housing within your community, not whether you have to."''</blockquote>
See particularly the analyses and proposals from UC Berkeley's Terner Center for Housing Innovation: Galante et al [2016], and Reid et al [2017]. <br/>
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== Massachusetts Chapter 40B, "Anti-Snob Law" ==
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== References ==
*Diller, Paul A., Intrastate Preemption. Boston University Law Review, Vol. 87, No. 5, pp. 1113-76, December 2007. Available at SSRN: [https://ssrn.com/abstract=995043 https://ssrn.com/abstract=995043]
*Fischel, William A. ''Zoning Rules!: The Economics of Land Use Regulation''. (2015). <br/>
*Fulton, William, and Paul Shigley. ''Guide to California Plannin''g. (4th edition, 2012). <br/>
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