Point-Counterpoint: The Benefits and Burdens of Home Rule

On May 22, Davis Malm shareholder Shawn McCormack presented at the Real Estate Bar Association’s (REBA) Land Use & Zoning Section webinar, “Point-Counterpoint: The Benefits and Burdens of Home Rule.” The webinar included a moderated debate on the pros and cons of Home Rule in Massachusetts, and its impact on land use and development in Massachusetts. Shawn suggested that restrictive local zoning and other local land use controls often stand in the way of progressive policy goals, like affordable housing, transit-oriented development, and sustainability. This is particularly evident given recent local opposition to the MBTA Communities Act, which is a state law that requires cities and towns with MBTA stations to relax prohibitions on multi-family developments. Shawn also highlighted that opposition to the Act on home rule grounds has the effect of improperly thwarting state-wide policy goals in favor of localized interests.

For nearly 150 years, REBA’s shared legacy has been advancing the practice of real estate law while upholding and promoting fair dealing, professional networking and collegiality among members of the real estate bar. Today, REBA continues that enduring and proud legacy by creating and sponsoring professional standards, advocating in the legislative process on behalf of its members, mentoring new members of the profession and creating educational programs.