The Word of the Day

PREEMPTION

Our community is going to be hearing this word repeated often in the coming months.
We suggest that you set aside some time to learn all about this word and what it means in a legal sense. Why? Because this one word has already defined, for the most part, the future of the Samoa Ave Project.

In general terms, preemption refers to the ability of one level of government to override laws of a lower level.

Example: While local governments once had the ability to restrict the use, sales and distribution of pesticides, the pesticide manufacturer and user industry helped many states to pass legislation prohibiting municipalities from passing local pesticide ordinances that are stricter than state policy. These laws, called state preemption laws, effectively stopped local government from passing more restrictive laws than the state. (source: Land Care Network)

For all intents and purposes, the developer of the Samoa Ave. Project has state law on his side, and in a big way. Simply put, the Specific Plan is soundly trumped by SB1818. At any point the two intersect, SB1818 takes precedence and gets to move on to the next round.

In other news
Councilman Krekorian has released a letter that addresses community concerns about the Samoa Project. The letter is posted after the fold.

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