Planning/Zoning for Detention Centers

[dacarzi]

The present administration is purchasing warehouses across the country to hold detained individuals before deportation. How should we define this land use and what kind of use regulations should we develop? I think this use should be permitted in an Industrial district but it is different than other standard industrial uses. The use requires temporary accommodations which include housing, food service, water and sewer that exceed those needed for most industrial uses.

Is this use a prison, group quarters, or something completely new? Does federal law preempt local zoning?

 

[DVD]

I know it just happened in Surprise, Arizona. The land is zoned industrial. My guess is that they will permit the use based on federal preemption. It's what I would do, although I can't say my council would be happy about it.

 

[mendelman]

First...let's keep it about land use and not devolve into politics.

Second...not much local government can do. The U.S. Constitution’s Preemption Doctrine, rooted in the Supremacy Clause (Article VI, Clause 2) preempts local and state laws, including land use laws. They can do what they want to do within the confines of Federal law and constitutionality if the GSA owns the property.

This is where the US Legislative Branch needs to assert its legislative and budgeting duties.

If it's a lease through a non-Federal entity, then local land use law can be applied.

 

[Bubba]

Second...not much local government can do. The U.S. Constitution’s Preemption Doctrine, rooted in the Supremacy Clause (Article VI, Clause 2) preempts local and state laws, including land use laws. They can do what they want to do within the confines of Federal law and constitutionality if the GSA or another FedGov entity owns the property.

FTFY. Anyhoo, is this not taught in planning programs? I've had several situations over the years where I've had to explain to local officials that "yeah, my Fed client actually doesn't have to do any of that to get this project done."

 

[bureaucrat#3]

FTFY. Anyhoo, is this not taught in planning programs? I've had several situations over the years where I've had to explain to local officials that "yeah, my Fed client actually doesn't have to do any of that to get this project done."

It usually only takes one time working on state or federal property to understand how quickly they'll pull the "We're not going to do that" card. We've had a few interesting discussions about leased property used for a governmental use.

A few years back we had a building inspector leave to make a lot more money with the state handling fire and building review for state prisons and detention facilities. He barely made the 3 years needed to bump his pension up, but said it was a miserable job between the bureaucracy and the actual work environment.

 

[luckless pedestrian]

came here to say all that