I. Powers of Local Governments and the Importance of State Law

• Library: Municipal Law Deskbook (ABA) (2015 Ed.)

I. POWERS OF LOCAL GOVERNMENTS AND THE IMPORTANCE OF STATE LAW

Local governments must have the legal power to raise taxes or other revenue or to borrow money. Unlike private entities, which often can take any action unless it is prohibited by law, a local government generally can take an action only if it has the legal authority to do so. Actions taken by local governments without express legal authority often can be voided as ultra vires. Legal theories such as agency, apparent authority, laches, and estoppel often bind private entities to agreements that the entities did not...