In a word (or series of words), the exercise of municipal police powers and the relaxation of limitations imposed by Dillon’s Rule. What are municipal police powers? Let us respond by explaining what they’re not. They do “not specifically refer to the right of state and local governments to create police forces. (Rather, they refer to)…the authority…(of) states under the Tenth (10th) Amendment to the Constitution…to regulate local matters concerning (the) health, safety, and morality of state residents…(In other words,) the basic right of governments to make laws and regulations for the benefit of their communities.”¹ Or stated differently, those laws and regulations providing for general governmental services²/exercising general-purpose powers³.

Counties Have Been Granted The Power to Furnish General Governmental Services: NRS 244.137(6)(a) instructs that “to provide a board of county commissioners with the appropriate authority to address matters of local concern⁴ for the effective operation of county government, the provisions of NRS 244.137 to 244.146, inclusive…(it is) expressly grant(ed)…all powers necessary or proper…so that the board may adopt county ordinances and implement and carry out county programs and functions for the effective operation of county government.” 

Moreover, Counties Have Been Granted Powers Well in Excess of The Limitations of Dillon’s Rule: NRS 244.137(6)(b) instructs that “to provide a board of county commissioners with the appropriate authority to address (those) matters (above)…Dillon’s Rule (is expressly)…modif(ied)…so that if there is any fair or reasonable doubt concerning the existence of a power of the board…it must be presumed that the board has the power unless th(at) presumption is rebutted by evidence of a contrary intent by the Legislature.”

Similarly, Incorporated Cities Have Been Granted The Power to Furnish General Governmental Services: NRS 268.001(6)(a) instructs that “to provide the governing body of an incorporated city with the appropriate authority to address matters of local concern⁵ for the effective operation of city government…the governing body of an incorporated city (is)…expressly grant(ed)…all powers necessary or proper…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.”

Moreover, Incorporated Cities Have Been Granted Powers Well in Excess of The Limitations of Dillon’s Rule: NRS 268.001(6)(b) instructs that “to provide the governing body of an incorporated city with the appropriate authority to address (those) matters…Dillon’s Rule as applied to the governing body of an incorporated city (is)…modif(ied)…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.”

Unincorporated Towns Have Been Granted The Power to Furnish a Series of General Governmental Services: providing for the health, safety and general welfare of its citizenry. Therefore to provide the governing bodies of unincorporated towns⁶ with the appropriate authority to furnish those services, in addition to the services which can be provided by GIDs, “a town board or board of county commissioners (‘County Board’) may…provide (all sorts of) adequate, economical and efficient services to (its) inhabitants…to promote the(ir) general welfare”⁷ including a myriad of “town services”⁸ such as: law making/regulation⁹; punishment¹⁰; licensing¹¹; taxing¹²; and, providing fire¹³ and police¹⁴ protection.

In Contrast GIDs Have Not Been Granted The Power to Furnish General Governmental Services: As elsewhere discussed, GIDs are limited purpose special districts along the lines of vector control (mosquitos), library, fire, water, sewer and cemetery districts. They are creatures of statute, and in Nevada those statutes are set forth at Title 25 of Chapter NRS 318¹⁵. Take a long hard look at NRS 318. Do you see any language which authorizes GIDs to provide for the health, safety or general welfare of their inhabitants? Legal maxims are “established principle(s) or proposition(s) of law, and a species of aphorism and general maxim.”¹⁶ The legal maxim Expressio Unius Est Exclusio Alterius instructs that “the special mention of one thing operates as the exclusion of things differing from it.” As applied here, the fact NRS 318 fails to provide for the health, safety or general welfare of its inhabitants means it does not exist by implication.

Nor Have GIDs Been Granted Powers in Excess of The Limitations of Dillon’s Rule: Given the Nevada Supreme Court has adopted Dillon’s Rule¹⁷, GIDs are subject to Dillon’s Rule insofar as their rule making powers are concerned. The reader may recall that Dillon’s Rule instructs that “local government powers are…limited and only extend to those: 1) granted in express words; 2) necessarily implied or…incident to…powers expressly granted; and, 3) absolutely essential to the declared objects and purposes of the (municipal) corporation – not simply convenient, but indispensable.”

With this in mind, take a long hard look at NRS 318. Do you see similar language which runs contra to the express language in Dillon’s Rule? No you don’t! And that’s because there are no modifications insofar as GIDs are concerned¹⁸. Which means that if there is any fair or reasonable doubt concerning the existence of a GID’s exercise of power, it must be presumed the Board has none¹⁹.

Conclusion: So there you have it. Unlike true municipalities, the powers IVGID can exercise are expressly limited, far less than those of a county, incorporated city or unincorporated town, and expressly do not extend to providing for the health, safety and general welfare of its inhabitants. Therefore as you examine the powers IVGID actually exercises/has in the past exercised, we hope you will hold it accountable to the limits, restrictions and consequences discussed above. And remember the consequences should there be any doubt²⁰…

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1. See https://municipal.ushttps://municipal.uslegal.com/police-powers/legal.com/police-powers/.
2. See https://www.census.gov/newsroom/cspan/govts/20120301_cspan_govts_def_3.pdf.
3. See http://www.ca-ilg.org/sites/main/files/file-attachments/local_agency_powers_and_limitations.pdf.
4. The term “matter(s) of local concern (also) means (matters affecting)…public health, safety and welfare” [see NRS 244.143(2)].
5. “Matter(s) of local concern mean…any matter(s) that (a) primarily affect…or impact,,,areas located in the incorporated city, or persons who reside, work, visit or are otherwise present in areas located in the city, and does not have a significant effect or impact on areas located in other cities or counties,,,The term (expressly) includes…public health, safety and welfare in the city” (see NRS 268.003).
6. “Town Boards” (see NRS 269.016).
7. See NRS 269.128.
8. See NRS 269.575(1).
9. See NRS 269.155(1).
10. See NRS 269.160, 269.205 and 269.215.
11. See NRS 269.175.
12. See NRS 269.170(1), 269.225, 269.240(1) and 269.255(1).
13. See NRS 269.250(1).
14. See NRS 269.235(1).
15. See Public Organizations for Community Service.
16. See https://en.wikipedia.org/wiki/Legal_maxim.
17. See Tucker v. Mayor and Bd. of Alderman, 4 Nev. 20, 26 (1868); State ex rel. Rosenstock v. Swift, 11 Nev. 128 (1876); NRS 244.137(2).
18. See NRS 244.137(7)(a) and NRS 268.001(7)(a) which both declare that “the provisions of [NRS 244.137(7) and NRS 268.001(7)]…must not be interpreted to modify Dillon’s Rule with regard to: any local governing body other than a board of county commissioners (or)…incorporated city.” In other words, the Incline Village General Improvement District (“IVGID”). Therefore insofar as GIDs are concerned, the restrictions of Dillon’s Rule continue.
19. Go to https://www.nvbar.org/wp-content/uploads/NevLawyer_June_2013_Dillon’s_Rule.pdf.
20. See NRS 244.137(4) and NRS 268.001(4) which “provide…that if there is any fair or reasonable doubt concerning the existence of a power, that doubt is resolved against the (governing) board of (local government) and the power is denied.”