Home Rule

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Home Rule

The right to local self-government including the powers to regulate for the protection of the public health, safety, morals, and welfare; to license; to tax; and to incur debt.

Home rule involves the authority of a local government to prevent state government intervention with its operations. The extent of its power, however, is subject to limitations prescribed by state constitutions and statutes.

When a municipality or other political subdivision has the power to decide for itself whether to follow a particular course of action without receiving specific approval from state officials, it acts pursuant to such powers. For example, a town exercises its home rule powers when it puts the issue of allowing the sale of alcoholic beverages within its borders on the ballot.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

home rule

n. the power of a local city or county to set up its own system of governing and local ordinances without receiving a charter from the state which comes with certain requirements and limitations. The concept has become popular with so-called libertarians, survivalists, and others who would like to divorce local government from as much state regulation as possible. However, few cities and counties have chosen this route. For example, in California, there is one small county (Colusa) out of the 58 which has chosen "home rule." This does not mean they will not take state funds for local improvements.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
(25) On local zoning power's basis in the Municipal Home Rule Law see Kamhi v.
Statute of Local Governments and the Municipal Home Rule Law.
interests per the Municipal Home Rule Law and the state statute at
Applying the Municipal Home Rule Law and supersession authority
Municipal Home Rule Law provides for local government authority over

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