Nevada § 244.137 - Legislative findings and declarations

§ 244.137. Legislative findings and declarations

The Legislature hereby finds and declares that: 1. Historically under Nevada law, the exercise of powers by a board of county commissioners

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 county government, Dillon's Rule provides that a board of county

commissioners possesses and may exercise only the following powers and no others: (a) Those powers granted in express terms by the Nevada Constitution or statute; (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 county 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 board of county commissioners

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 county 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 a board of county commissioners from taking

appropriate actions that are necessary or proper to address matters of local concern

for the effective operation of county government and thereby impedes the board from

responding to and serving the needs of local citizens diligently, decisively and effectively. 6. To provide a board of county commissioners with the appropriate authority to address

matters of local concern for the effective operation of county government, the provisions

of NRS 244.137 to 244.146 , inclusive: (a) Expressly grant and delegate to the board of county commissioners all powers necessary

or proper to address matters of local concern so that the board may adopt county ordinances

and implement and carry out county programs and functions for the effective operation

of county government; and (b) Modify Dillon's Rule as applied to the board of county commissioners so that if

there is any fair or reasonable doubt concerning the existence of a power of the board

to address a matter of local concern, it must be presumed that the board has the power

unless the presumption is rebutted by evidence of a contrary intent by the Legislature. 7. The provisions of NRS 244.137 to 244.146 , inclusive, must not be interpreted to modify Dillon's Rule with regard to: (a) Any local governing body other than a board of county commissioners; or (b) Any powers other than those powers necessary or proper to address matters of local

concern for the effective operation of county government.