Special legislation
Encyclopedia
Special legislation is a legal term of art used in the United States
which refers to acts of a state legislature which apply only to a specific municipality
(or a group thereof) which is identified by name in the legislation.
In some state
s, such as Pennsylvania
, the state constitution
prohibits special legislation; though it is often possible for the legislature to evade this restriction by describing the community in great detail without mentioning its name. (For example, Pennsylvania law defines certain powers of "cities of the second class", which was originally defined specifically to apply only to Pittsburgh
; the lower threshold of this class has been revised downward to accommodate a decline in Pittsburgh's population, with the effect that other cities not originally envisioned have become entitled to second-class status.)
At the opposite end of the spectrum, in some states—particularly the New England
states—the state legislature has plenary authority
over municipalities, and may create or abolish them, or change their governing laws, at will. These states typically have very weak traditions of home rule
, such that any significant legal change to a city or town's charter or governing laws, or an agreement between municipalities, must be authorized by an act of the legislature. There is usually a legal process by which a community may petition the legislature for such a change, and the outcome of this process, if the legislature consents, is special legislation.
In the middle are states like Georgia
, where the state legislature must charter
any new city, but does not have the power to directly change a charter. The city of Sandy Springs
, one of the largest in Georgia, languished unincorporated for years despite local efforts due to the politics
involved in this method, which prevented the affected people from voting on their own fate. Sandy Springs was finally incorporated in December 2005. The Georgia General Assembly
may also revoke a city charter, as it did en masse in 1995 from every city which did not offer at least three distinct services to its citizens.
The term "special legislation" may also apply in some states to legislation which names a particular person, as in appointment to a government position or conveyance of real property
between an individual and the state, or between an individual and an unincorporated community.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
which refers to acts of a state legislature which apply only to a specific municipality
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
(or a group thereof) which is identified by name in the legislation.
In some state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s, such as Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, the state constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
prohibits special legislation; though it is often possible for the legislature to evade this restriction by describing the community in great detail without mentioning its name. (For example, Pennsylvania law defines certain powers of "cities of the second class", which was originally defined specifically to apply only to Pittsburgh
Pittsburgh, Pennsylvania
Pittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...
; the lower threshold of this class has been revised downward to accommodate a decline in Pittsburgh's population, with the effect that other cities not originally envisioned have become entitled to second-class status.)
At the opposite end of the spectrum, in some states—particularly the New England
New England
New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...
states—the state legislature has plenary authority
Plenary power
A plenary power or plenary authority is the separate identification, definition, and complete vesting of a power or powers or authority in a governing body or individual, to choose to act on a particular subject matter or area...
over municipalities, and may create or abolish them, or change their governing laws, at will. These states typically have very weak traditions of home rule
Home rule
Home rule is the power of a constituent part of a state to exercise such of the state's powers of governance within its own administrative area that have been devolved to it by the central government....
, such that any significant legal change to a city or town's charter or governing laws, or an agreement between municipalities, must be authorized by an act of the legislature. There is usually a legal process by which a community may petition the legislature for such a change, and the outcome of this process, if the legislature consents, is special legislation.
In the middle are states like Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, where the state legislature must charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
any new city, but does not have the power to directly change a charter. The city of Sandy Springs
Sandy Springs, Georgia
Sandy Springs is a city in north Georgia, United States. It is a northern suburb of Atlanta. With a 2010 population of 93,853, Sandy Springs is the sixth-largest city in the state and the second-largest city in Metro Atlanta. Sandy Springs is located in north Fulton County, Georgia, just south of...
, one of the largest in Georgia, languished unincorporated for years despite local efforts due to the politics
Politics
Politics is a process by which groups of people make collective decisions. The term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the...
involved in this method, which prevented the affected people from voting on their own fate. Sandy Springs was finally incorporated in December 2005. The Georgia General Assembly
Georgia General Assembly
The Georgia General Assembly is the state legislature of the U.S. state of Georgia. It is bicameral, being composed of the Georgia House of Representatives and the Georgia Senate....
may also revoke a city charter, as it did en masse in 1995 from every city which did not offer at least three distinct services to its citizens.
The term "special legislation" may also apply in some states to legislation which names a particular person, as in appointment to a government position or conveyance of real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
between an individual and the state, or between an individual and an unincorporated community.