Powers of unit; exercise; township exception
Applied in 10 court decisions — leading case City of North Vernon v. Jennings Northwest Regional Utilities (2005)
Most recently applied in Town of Newburgh v. Town of Chandler (December 2013)
As added by Acts 1980, P.L.211, SEC.1
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Sec. 5. (a) Except as provided in subsection (b), a unit may exercise any power it has to the extent that the power:
(1) is not expressly denied by the Indiana Constitution or by statute; and
(2) is not expressly granted to another entity.
(b) A township may not exercise power the township has if another unit in which all or part of the township is located exercises that same power.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.