Diverging discourses: State-level preemption of municipal land regulation for housing production in California and Texas

In this paper, we conduct a comparative analysis of state preemption of municipal land regulations in Texas and California to understand the shifting intergovernmental landscape of land use and affordable housing policy. Using a discourse analysis of media stories, we evaluate the assumptions, motivations, and understandings of actors engaged in state-level preemption across two different ideological and political landscapes. We find that preemption discourses engage normative values and claims that go beyond land use and housing to engender broader debates about the role of government, social inclusion/exclusion, and individualism and property rights. Our analysis makes a unique contribution to the small literature on preemption and municipal land planning by uncovering distinct attitudes regarding the role of government in regulating private property to pursue affordable housing. We conclude by offering insights on how planners and policymakers can situate themselves in different regulatory contexts to engage with emerging discourses to more effectively and equitably influence policy.