Nevada § 268.001 - Legislative findings and declarations

§ 268.001. Legislative findings and declarations

The Legislature hereby finds and declares that: 1. Historically under Nevada law, the exercise of powers by the governing body of

an incorporated city has been governed by a common-law rule on local governmental

power known as Dillon's Rule, which is named after former Chief Justice John F. Dillon

of the Iowa Supreme Court who in a case from 1868 and in later treatises on the law

governing local governments set forth the common-law rule defining and limiting the

powers of local governments. 2. In Nevada's jurisprudence, the Nevada Supreme Court has adopted and applied Dillon's

Rule to county, city and other local governments. 3. As applied to city government, Dillon's Rule provides that the governing body of

an incorporated city possesses and may exercise only the following powers and no others: (a) Those powers granted in express terms by the Nevada Constitution, statute or city

charter; (b) Those powers necessarily or fairly implied in or incident to the powers expressly

granted; and (c) Those powers essential to the accomplishment of the declared objects and purposes

of the city and not merely convenient but indispensable. 4. Dillon's Rule also provides that if there is any fair or reasonable doubt concerning

the existence of a power, that doubt is resolved against the governing body of an

incorporated city and the power is denied. 5. As a general rule on local governmental power, Dillon's Rule serves an important

function in defining the powers of city government and remains a vital component of

Nevada law. However, with regard to matters of local concern, a strict interpretation and application

of Dillon's Rule unnecessarily restricts the governing body of an incorporated city

from taking appropriate actions that are necessary or proper to address matters of

local concern for the effective operation of city government and thereby impedes the

governing body from responding to and serving the needs of local citizens diligently,

decisively and effectively. 6. To provide the governing body of an incorporated city with the appropriate authority

to address matters of local concern for the effective operation of city government,

the provisions of NRS 268.001 to 268.0035 , inclusive: (a) Expressly grant and delegate to the governing body of an incorporated city all

powers necessary or proper to address matters of local concern so that the governing

body may adopt city ordinances and implement and carry out city programs and functions

for the effective operation of city government; and (b) Modify Dillon's Rule as applied to the governing body of an incorporated city

so that if there is any fair or reasonable doubt concerning the existence of a power

of the governing body to address a matter of local concern, it must be presumed that

the governing body has the power unless the presumption is rebutted by evidence of

a contrary intent by the Legislature. 7. The provisions of NRS 268.001 to 268.0035 , inclusive, must not be interpreted to modify Dillon's Rule with regard to: (a) Any local governing body other than the governing body of an incorporated city;

or (b) Any powers other than those powers necessary or proper to address matters of local

concern for the effective operation of city government.