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Local Governments Run Amok? A Guide for State Officials Considering Local Preemption

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Document pages: 38 pages

Abstract: The Mississippi laws preempting local control of minimum wages and Transportation Network Companies (TNCs) reasserted the authority of state government to overrule local regulations. This raises the question: What circumstances should motivate the use of state authority to interfere with local rule-making? This chapter will provide a framework to guide state officials who are considering local preemption. We will use this framework to analyze four issues that are relevant in Mississippi: 1. The sharing economy; 2. Labor market regulations; 3. Land use regulations; and 4. Tax and expenditure limits. We conclude that state preemption is warranted in situations where local governments enact non-general policies interfering with free exchange via price controls or similar restrictions.

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