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Local Government Focus > Preemption > Flashcards

Preemption Flashcards

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1
Q

Extensive state regulation

A

not sufficient for preemption

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2
Q

Two grounds for preemption

A
  1. Express preemption by General Assembly
  2. Inconsistent with state law
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3
Q

Basic inconsistency situations

A
  • State prohibition of activity - local authorization is banned
  • State authorization - local prohibition is banned
  • State law is silent - locality may regulate if within autorized powers
  • Some state regulation - locality may regulate if consistent with state
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Local Government Focus (5 decks)

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