Sec. 3. (a) The rule of law that any doubt as to the existence of a power of a unit shall be resolved against its existence is abrogated.
(b) Any doubt as to the existence of a power of a unit shall be resolved in favor of its existence. This rule applies even though a statute granting the power has been repealed.
[Pre-Local Government Recodification Citations: 17-2-2.5-6 part; 18-1-1.5-23 part; 18-4-2-36 part.]
As added by Acts 1980, P.L.211, SEC.1.
Structure Indiana Code
36-1-3-1. Application of Chapter
36-1-3-3. Rule of Law; Resolution of Doubt as to Existence of Power of a Unit
36-1-3-4. Rule of Law; Powers of Unit
36-1-3-5. Powers of Unit; Exercise; Township Exception
36-1-3-7. Review or Regulation of Exercise of Power by a Unit
36-1-3-8. Powers Specifically Withheld
36-1-3-8.5. Ordinance Requiring Housing Program Participation Prohibited
36-1-3-8.6. Regulation of Reusable or Disposable Auxiliary Containers Prohibited; Exceptions
36-1-3-9. Territorial Jurisdiction; Exception; Petition
36-1-3-11.2. Fee Waiver for Occupational or Professional License