Key Takeaways
- Three types of conflicts: vertical (between government levels), horizontal (same level), and temporal (old vs. new rules).
- Five resolution principles: supremacy, most restrictive rule, specificity, later in time, and legal counsel for ambiguity.
- When in doubt, follow the most restrictive applicable rule—this approach is always defensible.
- State preemption of local regulations is an active and evolving area that varies significantly by state.
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Test Your Knowledge
1.When do state and local regulations override federal regulations?
2.What is the recommended approach for managing properties across multiple jurisdictions with conflicting regulations?
3.Why is it risky to rely on state preemption of local rent control?