By Benton Martin
Cities maintain a vital role in serving as laboratories for novel government initiatives. The prevailing view of city authority, however, is that they have only those powers granted by the state. Additionally, in seeking to be innovative, cities risk running afoul of legal doctrines that reserve certain policy areas for regulation only by the federal government.
Two examples of property regulation in legacy cities serve as important reminders to city officials about federalism in the United States.
First, consider land banking. Facing rampant blight, Genesee County in Michigan developed a creative solution involving a local government entity (the land bank) acquiring, and seeking to repurpose, vacant properties. The County faced opposition, however, from limitations imposed by state law. Taking the challenges head on, local leaders persuaded the state legislature to adopt groundbreaking legislation enabling land banking. The ensuing success prompted many other municipalities to adopt this approach.… Read More