Indiana Code
Ind. Code § 36-1-3-7 (2025)
Review or regulation of exercise of power by a unit
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 7. State and local agencies may review or regulate the exercise of powers by a unit only to the extent prescribed by statute.
[Pre-Local Government Recodification Citations: 17-2-2.5-5; 18-1-1.5-22; 18-4-2-35(a).]
As added by Acts 1980, P.L.211, SEC.1.
Notes of Decisions
Cited in 3
cases, 2010–2015 · leading case: Town of Avon v. West Cent. Conservancy Dist., 957 N.E.2d 598 (Ind. 2011).
Town of Avon v. West Cent. Conservancy Dist., 957 N.E.2d 598 (Ind. 2011). “Further, the Township argues that the Home Rule Act restricts Avon in that “[sjtate or local agencies may review or regulate the exercise of powers by a unit only to the extent prescribed by statute.”
Bd. of Commissioners of Clark Cnty. v. Indiana Dep't of Local Gov't Fin., 31 N.E.3d 552 (Ind. T.C. 2015). “More specifically, the Board maintains that the DLGF’s finding that the Board sought to increase the CCDF tax rate for an impermissible purpose is contrary to law because it violated Indiana Code § 36-1-3-7 and Indiana Code § 36-9-14.”
Town of Avon v. West Cent. Conservancy Dist., 937 N.E.2d 366 (Ind. Ct. App. 2010). “" Ind.Code § 36-1-3-7. 44. An entity "regulates" under the Home Rule Act when it purports to "license, inspect, or prohibit" conduct by another government entity.”
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