Indiana Statutes
§ 36-1-3-3 — Rule of law; resolution of doubt as to existence of power of a unit
Indiana § 36-1-3-3
This text of Indiana § 36-1-3-3 (Rule of law; resolution of doubt as to existence of power of a unit) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ind. Code § 36-1-3-3 (2026).
Text
(a)The rule of law that any doubt as to the
existence of a power of a unit shall be resolved against its existence is
abrogated.
(b)Any doubt as to the existence of a power of a unit shall be
resolved in favor of its existence. This rule applies even though a
statute granting the power has been repealed.
[Pre-Local Government Recodification Citations: 17-2-2.5-6
part; 18-1-1.5-23 part; 18-4-2-36 part.]
As added by Acts 1980, P.L.211, SEC.1.
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Related
City of North Vernon v. Jennings Northwest Regional Utilities
829 N.E.2d 1 (Indiana Supreme Court, 2005)
Anderson v. Gaudin
42 N.E.3d 82 (Indiana Supreme Court, 2015)
Bradley v. City of New Castle
730 N.E.2d 771 (Indiana Court of Appeals, 2000)
Osborne v. State
439 N.E.2d 677 (Indiana Court of Appeals, 1982)
Raab v. Town of Schererville
766 N.E.2d 790 (Indiana Court of Appeals, 2002)
Bezingue v. Steuben Lakes Regional Waste District
(N.D. Indiana, 2020)
David Anderson, Comm., Joe Wray, Comm., and Board of Trustees, Brown Co. Fire. Prot. Dist. v. Susanne Gaudin, Janet Kramer, And Ruth Reichmann
(Indiana Court of Appeals, 2015)
Taylor v. Town of New Chicago
839 N.E.2d 212 (Indiana Court of Appeals, 2005)
David Anderson, Joe Wray, John Kennard, Commissioners, and Board of Trustees, Brown County Fire Protection District v. Susanne Gaudin, Janet Kramer, and Ruth Reichmann
(Indiana Supreme Court, 2015)
Knob Hill Development LLC ASB LLC RPO Construction, Inc. Written Builders LLC v. Town of Georgetown, Indiana
(Indiana Court of Appeals, 2019)
Nearby Sections
15
§ 36-1-10-1
Application of chapter§ 36-1-10-10
Plans, specifications, and estimates for structures, systems, and
transportation projects§ 36-1-10-11
Property held in fee simple; sale procedure§ 36-1-10-12
Lease in anticipation of acquisition or construction of structure, system,
or transportation project§ 36-1-10-13
Hearing; procedure; execution of lease§ 36-1-10-17
Annual appropriation and tax levy§ 36-1-10-18
Tax exemption of leased structures, systems, and transportation
projects; taxation of rental paid lessor§ 36-1-10-19
Assignment or conveyance of lease; conveyance of structure, system,
or transportation project§ 36-1-10-2
Definitions§ 36-1-10-20
RepealedCite This Page — Counsel Stack
Bluebook (online)
Indiana § 36-1-3-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/36-1-3-3.