Preemption and Federal Lands Flashcards

1
Q

What are the three ways to find preemption?

A

Express preemption -

Implied field preemption

Implied conflict preemption - exists when compliance with both state and federal requirements is impossible.

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2
Q

How do you determine if counties are allowed to restrict certain activities, or if the State has the power?

A

must first look to see if the state has delegated the power in the ordnance to the county. State law also preempts when:

○ The ordnance covers the same subject matter embraced within a comprehensive state statutory scheme disclosing an express or implied intent to be exclusive and uniform throughout the state, or

○ It conflicts with state law.

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