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

Indiana § 36-1-3-4

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 3: Home Rule

Text

(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.