Powers of Local Gov.

Question 1

What is Dillon’s Rule?

Answer 1

Localities have no inherent power. They may exercise only powers expressly granted by statute or charter, necessarily implied, or essential to declared objectives.

No presumption of validity applies.

Question 2

What are the rules for delegating power in local government?

Answer 2

Localities have reasonable discretion in executing powers but may only re-delegate powers (like to a police force) if fixed, ascertainable standards are provided.

Legislative powers cannot be delegated, only administrative or ministerial.

Question 3

When is local government action preempted by state law?

Answer 3

A locality cannot enact ordinances inconsistent with state law.

The state legislature may expressly preempt entire fields of policy, but concurrent jurisdiction over local matters is allowed unless preempted.

Question 4

What police powers do municipal corporations have?

Answer 4

Municipalities can regulate personal and commercial activities to promote public health, safety, and welfare, within territorial limits. The power is BROAD and includes quarantine and pollution prevention.

Question 5

What police powers do counties have?

Answer 5

Counties have limited police powers to regulate public health and safety, including quarantine, pollution prevention, and disease control.

These powers are NARROWER than municipal corporations.

Question 6

What are the requirements for enacting a local ordinance?

Answer 6

Ordinances require:

1. Adoption by majority vote at a lawful meeting.
2. Proper notice, including newspaper publication in the county, and provide citizens with info about the ordinance’s content and the place to express concerns.
3. Clear, definite language so the average person understands its impact.
4. Judicial Review

Question 7

What is the standard for judicial review of ordinances?

Answer 7

Ordinances are presumed valid.

The party alleging the invalidity has the burden of proof.

The challenging party must prove unreasonableness by clear and convincing evidence.

Question 8

What limits apply to local government debt? And what is excluded?

Answer 8

Debt cannot exceed 10% of the assessed valuation of taxable real estate, excluding:

1. Revenue anticipation bonds maturing within one year.
2. Special fund doctrine bonds.
3. Authorized contract obligations for regional projects.

Question 9

What are local governments’ powers to tax?

Answer 9

Localities may tax property, persons, and other subjects for public purposes. However, they cannot tax income.

Question 10

When can a local government exercise one of its powers?

Answer 10

At any meeting with a majority present.