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Role of township and county authorities in regulating private party rentals
https://legiswiki.com/en/p/10139/role-of-township-and-county-authorities-in-regulating-private-party-rentals
Township and county authorities play distinct but often complementary roles in regulating private party rentals, including both long-term and short-term rental properties. Their responsibilities are shaped by local ordinances, state or provincial law, and the specific needs of their communities. Tow...

County Authority

County Authority Overview

Definition and Scope: County authority refers to the powers and responsibilities granted to county governments by state laws or constitutions. These powers can vary significantly from one state to another, depending on whether the county operates under Dillon's Rule or Home Rule.

Dillon's Rule

  • Origin: This principle was established by Judge John Dillon in 1868 and upheld by the U.S. Supreme Court.
  • Powers: Counties under Dillon's Rule have only those powers explicitly granted by the state legislature or constitution. This means they must obtain state approval for any changes in government structure, functions, or fiscal organization.

Home Rule

  • Powers: Home Rule counties have more autonomy, allowing them to manage local affairs with greater flexibility. They can alter their government structure, provide optional services, and adjust local revenues and expenditures without needing state approval for every change.
  • Domains of Autonomy: Home Rule counties often have autonomy in three areas:
    • Structural Domain: Flexibility in the form of government.
    • Functional Domain: Ability to provide optional services.
    • Fiscal Domain: Authority over local revenues and expenditures.

Key Responsibilities

  • Budgeting and Taxation: Counties have the authority to create budgets and levy taxes.
  • Service Provision: They provide essential services such as public healthcare, libraries, and support for vulnerable populations.
  • Law Enforcement and Judicial Functions: Counties often have elected officials like sheriffs and may have quasi-judicial powers in certain matters.

Governance Structure

  • Elected Officials: Counties are typically governed by an elected board (e.g., county commission, board of supervisors) and may have a county executive or administrator overseeing day-to-day operations.
  • Separately Elected Officials: Positions like county clerk, treasurer, and sheriff are often elected independently of the board.
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