Published: 2017 | National League of Cities

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Abstract

Preemption is the use of state law to nullify a municipal ordinance or authority. Proponents of preemption argue that it equalizes laws across the state, preventing individuals and firms from navigating a patchwork of regulation. Preemption creates a problem, though, because it means a loss of local control for cities. This loss of local control means that cities cannot. curtail laws to fit their needs, creating economic implications, especially when fiscal authority is limited.