GIDs are initiated at the prerogative of Boards of County Commissioners (“County Boards”) either by resolution “adopted by the…County” Board itself, or (by) petition proposed by any owner of (real) property to be located (with)in the (new) district” resulting in … Continue reading →
“Chapter 318 of NRS does not provide…for the county to have any supervisory or even advisory power(s) over a district once…created. There are no indicators of difficulties outlined which would alert (county) commissioners to impending problems, and no authority to … Continue reading →
Many residents, even law makers, are of the opinion that since the Incline Village General Improvement District (“IVGID”) is a “local government,” it is authorized to function just like and to exercise all powers every other form of local government they … Continue reading →
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 … Continue reading →
Historically, under Nevada law, the exercise of powers by the governing bodies of a county, incorporated city and other local governments (like GIDs) have been governed by the common-law rule on local governmental power known as Dillon’s Rule. Dillion’s Rule … Continue reading →
We have elsewhere discussed how the Legislature has instructed we interpret the powers a GID may exercise. Here we discuss how courts have instructed the same subject matter. Although there are a number of judicially recognized rules for construing statutes, … Continue reading →
As elsewhere stated, general improvement districts (“GIDs”) are limited purpose special districts along the lines of vector control (mosquitos), library, fire, water, sewer and cemetery districts. In Nevada hey are creatures of statute set forth at Title 25 of Chapter NRS 318. So are … Continue reading →
Nev. Const. Art. 8, Sec. 8: As elsewhere discussed, we begin our analysis with the Nevada Constitution given it “is the ‘supreme law of the state which ‘control[s] over any conflicting statutory provisions.’” Nev. Const. Art. 8, Sec. 8 instructs that the … Continue reading →
Nev. Const. Art. 8, Sec. 8: As elsewhere discussed, we begin our analysis with the Nevada Constitution given it “is the ‘supreme law of the state which ‘control[s] over any conflicting statutory provisions.’” Nev. Const. Art. 8, Sec. 8 instructs that the Legislature shall provide … Continue reading →
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 318. … Continue reading →