Legal Definitions - Dillon's rule

Dillon's Rule is a legal principle that limits the powers of local governments, such as cities, counties, and towns. It states that these local government units can only exercise powers that are:

• Expressly Granted: Powers that the state legislature has clearly and specifically written into law.
• Necessarily or Fairly Implied: Powers that are not explicitly stated but are essential or reasonably necessary to carry out an expressly granted power.
• Indispensable to Existence: Powers that are absolutely vital for the local government to function and exist.

In essence, Dillon's Rule means that local governments do not have inherent powers; they only possess the authority that the state has delegated to them. If a power is not granted by the state, either explicitly or implicitly, the local government cannot exercise it.

Examples:

• Zoning Regulations (Expressly Granted Power):

  Imagine a state legislature passes a law explicitly stating, "All municipalities within this state are granted the power to enact and enforce zoning ordinances to regulate land use." Based on this clear grant of authority, the City of Springfield then develops and implements a comprehensive zoning plan, designating areas for residential, commercial, and industrial use. This action directly illustrates an expressly granted power under Dillon's Rule, as the state law explicitly authorized the city to perform this function.

• Public Health Campaigns (Necessarily Implied Power):

  Consider a state law that broadly grants counties the power to "protect the public health and welfare of their residents." During a local flu outbreak, the County of Elmwood decides to establish temporary vaccination clinics and launch a public awareness campaign about hygiene practices. While the state law didn't explicitly mention "running vaccination clinics" or "public awareness campaigns," these actions are considered necessarily implied powers because they are essential and reasonable steps to fulfill the county's expressly granted duty to protect public health. Without such implied powers, the broader mandate would be impossible to achieve effectively.

• Entering into Contracts (Indispensable to Existence Power):

  A small town, Oak Creek, needs to ensure its residents have access to clean water. To do this, it enters into a long-term contract with a private utility company to manage its water treatment and distribution system. Even if the state's laws do not contain a specific provision stating "towns may enter into contracts," the ability to form legal agreements and contracts is considered a power indispensable to the existence and basic functioning of any local government. Without the capacity to enter into contracts for essential services like water, waste management, or infrastructure maintenance, the town could not effectively operate or provide for its citizens.