|
|
|
 |
|
Sprawl in Virginia: Is Dillon the Villain?
By Jesse J. Richardson, Jr
(Reprinted with permission from
Virginia Issues & Answers, Virginia Tech.)
Page
1
2
3
4
5
Introduction
Dillon's Rule, a guideline that Virginia judges use in interpreting
Virginia law, is perhaps the most vilified judicial doctrine in the
state. Under Dillon's Rule, which will be explained in more depth
later in this article, local governments possess few if any powers
except those granted by the state legislature. Local government
officials bitterly complain that Dillon's Rule prevents them from
employing the appropriate remedies to problems particular to their
locality. This article briefly describes the genesis and history
and Dillon's Rule. Guidelines used by other states are compared to
Dillon's Rule. Then, specific examples of the application of Dillon's
Rule are detailed. Finally, the author discusses what connection, if
any, Dillon's Rule has to sprawl in Virginia.
Background
The Tenth Amendment of the United States Constitution provides that,
"[t]he powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people." This provision at once greatly
limits the powers of the federal government and places a great deal
of power with the states. In contrast, the United States Constitution
makes no mention of the power that should be given to local
governments. In Virginia, local governments (or "municipalities")
include towns, cities, and counties. Current law regards municipalities
as "creatures of the state" and dictates that municipalities must look
to the state constitution, the municipal charter, or state laws for
authorization to exercise powers. Consequently, a municipality has no
powers whatsoever unless the state decides to give the municipality
power. A municipality may sue and be sued, like any person. In addition,
municipalities may enter into contracts, buy and sell land, and pass
ordinances. Finally, and most obviously, a municipality may raise,
borrow, and spend money. These powers are similar to those possessed
by most adults. However, a municipality may not, for example, buy
land for any purpose that it chooses. In engaging in any of the listed
activities, a municipality must be pursuing a purpose allowed to it by
the state. Most purposes allowed to a municipality fall within the
broad definition of the "police power." The term "police power" refers
to the ability to legislate to further the public health, safety, and
welfare of the jurisdiction. The United States Constitution delegated
this power to the states in the Tenth Amendment. Therefore, even powers
within the broad scope of the police power must be delegated to the
municipality prior to exercise of the power. To deal with this issue,
states developed two major doctrines: Dillon’s rule and Home Rule.
Dillon's Rule
Early state constitutions gave local governments representation in state
legislatures. This representation allowed local governments much autonomy.
In the mid-1800's, debate over the degree of local government autonomy
resulted from widespread corruption in municipal government. This
corruption most often manifested itself in two forms: (1) patronage based
awarding of utility franchises; and, (2) deliberate creation and
extinction of municipalities to avoid accumulated debt. This actions
prompted litigation in various state courts over the appropriateness
and rationale for local government economic activities. Judge John
Dillon of Iowa was the nation's premier authority on municipal law at
the time. His decision in Clark v. City of Des Moines 1865 first set
forth the rule of judicial construction that would later be named for
him:
"It is a general and undisputed proposition of law that a municipal
corporation possesses and can exercise the following powers and no
others: First, those
(continued) Page
1
2
3
4
5
|
|
|
