Powers of Local Governments Flashcards
What inherent powers do local governments have?
No inherent powers
Where do local governments get their powers?
Powers are conferred and the territory over which they may be exercised all must be expressly provided in the legislatively enacted charter for the locality or in general statutes conferring powers on localities
What powers do almost all localities have pursuant to their charter?
- Tax (real property/local sales tax)
- Sue and be sued
- Enter into contracts
- Acquire, hold, and dispose of revenue
- Exercise eminent domain
- Borrow money and issue tax-exempt bonds
- Acquire, hold, and dispose of real and personal property
What is DILLON’S RULE?
States that a locality can only exericse three kinds of powers:
“A locality can [1] exercise only those powers expressly granted by statute or charter and no other powers, [2] unless necessarily implied or incident to the powers expressly granted or [3] unless the implied power is essential and indispensable to the declared purposes for creating the locality”
* If local government doesn’t have power to act, it’s considered ultra vires and void
To whom does Dillon’s Rule apply?
For the exam question, assume it applies to all localities: “applies uniformily to counties and almost all cities and towns”
What is the police power for localities?
Subject to normal constitutional limits on vagueness, taking of the property and the like, locality may adopt such rules and regulations as are reasonable and necessary for the protection of its inhabitants
What is the power of taxation localities possess?
May tax for public puropses, but may not impose an income tax
What is the licensing power localities possess?
Power to license any business, occupation, or activity
* While license taxes are often based on gross receipts of an activity, held to be distinct from imposition from an income tax by the local body, and is valid
