Indiana § 36-1-3-4 - Rule of law; powers of unit

§ 36-1-3-4. Rule of law; powers of unit

Sec. 4. (a) The rule of law that a unit has only:

(1) powers expressly granted by statute;

(2) powers necessarily or fairly implied in or incident to powers expressly granted; and

(3) powers indispensable to the declared purposes of the unit;

is abrogated.

(b) A unit has:

(1) all powers granted it by statute; and

(2) all other powers necessary or desirable in the conduct of its affairs, even though not granted by statute.

(c) The powers that units have under subsection (b)(1) are listed in various statutes. However, these statutes do not list the powers that units have under subsection (b)(2); therefore, the omission of a power from such a list does not imply that units lack that power.

[Pre-Local Government Recodification Citations: 17-2-2.5-1 part; 17-2-2.5-6 part; 18-1-1.5-16 part; 18-1-1.5-23 part; 18-1-1.5-29; 18-4-2-33 part; 18-4-2-36 part.]

As added by Acts 1980, P.L.211, SEC.1.