NRS 268.001
Legislative findings and declarations.
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.
Source:
Section 268.001 — Legislative findings and declarations., https://www.leg.state.nv.us/NRS/NRS-268.html#NRS268Sec001.