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The National League of Cities identifies 31 Dillon's Rule states, 10 home rule states, 8 states that apply Dillon's Rule only to certain municipalities, and one state (Florida) that applies home rule to everything except taxation. [2] Each state defines for itself what powers it will grant to local governments.
Dillon's Rule implies, among other things, that the boundaries of any jurisdiction falling under state government can be modified by state government action. For this reason, examples of municipal annexation are distinct from annexations involving sovereign states. [2]
The Dillon rule stated that local governments only had the powers expressly conferred upon them by statute and those necessarily implied; these powers were furthermore to be strictly interpreted. Judge Benjamin N. A. Kendrick agreed with the taxpayers that the County's benefit plan violated the Dillon rule and granted the plaintiffs' motion for ...
The theory of state preeminence over local governments was expressed as Dillon's Rule in an 1868 case, where it was stated that "[m]unicipal corporations owe their origin to, and derive their powers and rights wholly from, the legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so may it destroy.
This legal doctrine, called Dillon's Rule, was established by Judge John Forrest Dillon in 1872 and upheld by the U.S. Supreme Court in Hunter v. Pittsburgh, 207 U.S. 161 (1907), which upheld the power of Pennsylvania to consolidate the city of Allegheny into the city of Pittsburgh, despite the wishes of the majority of Allegheny residents.
16] In a contrasting legal theorem to that of Dillon's Rule (which posits that towns and cities have no independent authority except as explicitly or implicitly granted by a state legislature) the Cooley Doctrine proposed a legal theory of an inherent but constitutionally-permitted right to local self-determination.
Municipalities are governed under Dillon's rule, unless they elect to be governed by home rule. [5] Currently, there are 10 home rule municipalities in New Mexico (Alamogordo, Albuquerque, Clovis, Gallup, Grants, Hobbs, Las Cruces, Los Alamos, Rio Rancho, and Santa Fe), as well as two chartered cities (Las Vegas and Silver City). [6]
In 1853, Dillon married Anna Margery Price (born June 19, 1835). They had two sons and a daughter. Anna and their daughter, Mrs. Annie Dillon Oliver, died in the sinking of the French ocean liner La Bourgogne in July 1898. Dillon's oldest son, Hiram Price Dillon (1855–1918), became a lawyer in Iowa and a Master of Chancery in federal court.