WHEN YOU WORK IN LOCAL GOVERNMENT IN VIRGINIA YOU NEED TO KNOW THIS:

CLAY WIRT, IN “Dillion’s” Virginia Town & City, August 1988, vol. 24 number 8 , pages 13 to 15 describes the Dillon Rule in this way:

NATIONAL LEAGUE OF CITIES DEFINITION/DESCRIPTION OF THE DILLON RULE

“Dillon’s Rule is derived from written decision by Judge John F. Dillon of Iowa in 1868. It is the cornerstone of American municipal law. It maintains that a political subdivision of a state is connected to the state as a child is connected to a parent. Dillon’s Rule is used in interpreting state law when there is a question of whether or not a local government has certain power. Dillon’s Rule narrowly defines the power of local government.”

“The first part of Dillon’s Rule states that local governments have on three (3) types of powers.”

•”those granted in expressed words,”

•”those necessarily or fairly implies in or incidently to the powers expressly granted, and”

•”those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensble.”

*The second part of the Dillon Rule states that if there is any reasonable doubt where a power has been conferred on a local government, then the power has not been conferred. This the rules of strict construction of local government powers”


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