Dillon Rule

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The Dillon Rule and Its Limitations on a Locality’s Land Use Powers is the title of Chapter 5 of Albemarle County's "The Land Use Law Handbook" [1] This article includes selective excerpts from that publication.

Introduction

A locality’s governing body has only those powers expressly granted by the General Assembly, powers necessarily or fairly implied from the express powers, and powers that are essential and indispensable. [2] The principle, known as the Dillon Rule (also referred to as “Dillon’s Rule”), is a rule of strict construction – if there is a reasonable doubt whether the legislative power exists, the doubt must be resolved against the local governing body. [3]

Who was Dillon and where did his rule come from?

John Forrest Dillon was the chief justice of the Iowa Supreme Court in the mid-1800’. The rule itself is the result of Dillon’s distrust of city government. By the 1860s, cities had become not only inefficient, but corrupt. Graft, in the form of kickbacks, was rampant for many public works and public utility projects, including the railroads. It was the era of “Boss Tweed” and the Tammany Hall gang who reportedly swindled between $75 and $200 million from New York City between 1861 and 1875.[4]

Dillon understandably did not trust local government and wrote, “Those best fitted by their intelligence, business experience, capacity and moral character” did not go into local public service. He felt local government was “unwise and extravagant” [5]

While Virginia is considered one of the stricter Dillon rule states, a recent study by the Brookings Institution found that 39 states actually use some form of the rule to define the power of local governments In relation to managing sprawl, the study argued that the Dillon rule neither promoted nor hindered regulation of growth and that Dillon’s nemesis -- home rule -- could even thwart regional cooperation. [6][7].

Virginia is one of a limited number of states that follow the Dillon Rule and the rule continues to stir debate. Some complain that the rule continues to bind the ability of Virginia’s localities to respond to the priority needs of their localities and regions. The Dillon Rule limits a local governing body’s ability to address local issues using local strategies exercised under its police power. As a result, a locality’s ability to address local issues is at the mercy of the General Assembly unless a means to address the issue has already been enabled. A locality’s governing body does not have broad general authority to adopt whatever ordinance it deems appropriate or desirable. [8] On the other hand, the Dillon Rule has the effect of assuring, at least to some extent, a certain amount of consistency for those who deal with Virginia’s localities. The Virginia Chamber of Commerce has stated that the Dillon Rule “represents a positive tradition of legislative oversight” and encourages economic growth through a consistency in laws throughout the state.”

States that do not follow the Dillon Rule are sometimes referred to as “home rule” states, in which localities are determined to have the inherent authority to exercise powers that promote the public health, safety or welfare, even if they are not expressly enabled. [9]

  • As noted on the Albemarle.org website: The "Land Use Law Handbook" was created to be used by County officials as a resource for dealing with land use issues and is published online as a convenience to citizens. The Handbook is for informational purposes only and does not constitute legal advice. The Handbook is maintained by the County Attorney's Office, and was originally issued in November 2001. The Handbook was last comprehensively revised in July 2015, and is periodically amended as referenced.[10]


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References

  1. http://www.albemarle.org/upload/images/Forms_Center/Departments/County_Attorney/Forms/LUchapter05-dillonrule.pdf
  2. Jennings v. Board of Supervisors of Northumberland County, 281 Va. 511, 516, 708 S.E.2d 841, 844(2011) (“a locality’s zoning powers are ‘fixed by statute and are limited to those conferred expressly or by necessary implication’”); Logan v. City Council of the City of Roanoke, 275Va. 483, 659 S.E.2d 296(2008); Norton v. City of Danville, 268 Va. 402, 602 S.E.2d 126(2004).
  3. Sinclair v. New Cingular Wireless, 283 Va. 198, 204, 720 S.E.2d 543, 546(2012).5-200
  4. https://www.baconsrebellion.com/archive/issues/05/10-03/Curious.php | “Why Does Dillon Rule? Or Judge John’s Odd Legacy” Nice & Curious Questions by Edwin S. Clay III and Patricia Bangs
  5. (“Dillon’s Rule,” Clay L. Witt, Virginia Town and City, August 1989)
  6. https://www.baconsrebellion.com/archive/issues/05/10-03/Curious.php
  7. https://www.brookings.edu/research/is-home-rule-the-answer-clarifying-the-influence-of-dillons-rule-on-growth-management/
  8. Lawless v. County of Chesterfield, 21 Va. App. 495, 465 S.E.2d 153(1995)
  9. https://www.baconsrebellion.com/archive/issues/05/10-03/Curious.php | “Why Does Dillon Rule? Or Judge John’s Odd Legacy” Nice & Curious Questions by Edwin S. Clay III and Patricia Bangs
  10. http://www.albemarle.org/upload/images/Forms_Center/Departments/County_Attorney/Forms/LUchapter05-dillonrule.pdf

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