NRS 244.137
Legislative findings and declarations.
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.
Source:
Section 244.137 — Legislative findings and declarations., https://www.leg.state.nv.us/NRS/NRS-244.html#NRS244Sec137.