County
| Author | Jeffrey Lehman, Shirelle Phelps |
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A political subdivision of a state, the power and importance of which varies from one state to another.
A county is distinguishable from a city or MUNICIPAL CORPORATION, since a municipal corporation has a dual character, both public and private, while a county is established by the state and is considered to be an agency thereof. Through home rule, a municipality may make certain decisions on matters of local concern, while a county is controlled by the state and does the work of state administration.
In the state of Louisiana, a state political subdivision is known as a parish. Comparable to counties, parishes have no independent existence apart from the state but possess only such authority as the state grants them.
The state constitution determines the procedures for the formation of a county. Certain states require a specific minimum size population or property value before a county is created. A county government that is too small can be either completely abolished or subject to a consolidation
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plan designed to merge urban and rural areas. Conversely, a county that becomes too large or diverse following an extended period of development can be divided by the state to form a new county.
The principle of SOVEREIGN IMMUNITY permits states to refuse to allow anyone to sue them. This doctrine protects counties from legal action to the same extent that the states they exist in are so protected. States and counties can only be sued where state law specifically permits it.
Ordinarily, the boundaries of a county are set by the state legislature. If a boundary is marked by a stream or river, the county extends to the center and remains there from the time of the county's creation, even if the stream subsequently changes course. When a lake is the boundary, the county line ordinarily extends to the bank or the low water mark. A boundary that is on the ocean extends to the three-mile limit offshore.
State law provides for the revision of the boundaries of counties. Certain state statutes proscribe the creation of a new county line too close to an already existing county seat. Ordinarily voters can petition for the expansion or division of a county where population and commercial growth justify it. Although citizens have no absolute right to prevent the alteration of county lines by state legislatures, the legislature cannot change boundaries for the...
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