Powers of unit; exercise; township exception
Ind. Code § 36-1-3-5
in effectSec. 5. (a) Except as provided in subsection (b), a unit may exercise any power it has to the extent that the power:
(1) is not expressly denied by the Indiana Constitution or by statute; and
(2) is not expressly granted to another entity.
(b) A township may not exercise power the township has if another unit in which all or part of the township is located exercises that same power.
[Pre-Local Government Recodification Citations: 17-2-2.5-1 part; 17-2-2.5-3 part; 18-1-1.5-1 part; 18-1-1.5-16 part; 18-1-1.5-19 part; 18-4-2-33 part; 18-5-10-2.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993, SEC.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026