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{{short description|Independent special-purpose governmental units, other than school districts}}
There are two types of special-purpose districts in the United States: school districts and special districts. This is a type of [[district]] differing from '''general'''-purpose districts like [[municipality|municipalities]], [[county|counties]], etc., in that they only serve one or a few special purposes and do not provide a broad array of services. They are common in the [[United States of America]], where more than 35,000 districts play an important role in providing government services in every [[U.S. state]]. The U.S. Census Bureau keeps counts and data on these districts.
{{Political divisions of the United States}}
'''Special districts''' (also known as '''special service districts, special district governments''', or '''limited purpose entities''') are independent, special-purpose governmental units that exist separately from local governments such as [[County (United States)|county]], [[Municipality|municipal]], and [[Township (United States)|township]] governments, with substantial administrative and fiscal independence. They are formed to perform a single function or a set of related functions.<ref name='Census2002'>{{cite book | last = U.S. Census Bureau | author-link = United States Census Bureau | title = 2002 Census of Governments, Vol 1, Number 1, Government Organization, GC02(1)-1 | publisher = U.S. Government Printing Office | year = 2002 | location = Washington, DC | pages = vii-viii | url = https://www.census.gov/prod/2003pubs/gc021x1.pdf }}</ref> The term ''special district governments'' as defined by the [[U.S. Census Bureau]] excludes [[school district]]s.<ref name="Census2002"/> In 2017, the U.S. had more than 51,296 special district governments.<ref>{{Cite web|title=Number of Local Governments by State|url=https://www.governing.com/archive/number-of-governments-by-state.html|access-date=2021-01-06|website=www.governing.com|date=14 September 2012 |language=en}}</ref>


== Census definition ==
Special-purpose districts provide specialized services only to those persons who live within them. Special districts possess fiscal and administrative autonomy. They often are empowered to tax residents of the district, usually by a [[property tax]] but sometimes a [[sales tax]], for the services that they provide. They often cross the lines of towns, villages and hamlets, but less frequently cross city or county lines. Increasingly, however, regional special districts are being created that may serve a large portion of a state.
The United States Census counts government units across all States. This includes "special districts". To count the special districts the Census must define the special districts so as to address all such governmental entities across the broad spectrum of 50 states' definitions and interpretations. The Census's full definition is:<ref>{{Cite web |url=https://www2.census.gov/programs-surveys/gus/datasets/2007/technicaldoc.pdf |title=TECHNICAL DOCUMENTATION: 2007 Public Use Files for Local and State Government Organization |page=3–4 |publisher=US Census Bureau |access-date=2024-11-18}}</ref>
<blockquote>
Special district governments are independent, special purpose governmental units, other than school district governments, that exist as separate entities with substantial administrative and fiscal independence from general purpose local governments. As defined for Census Bureau statistics on governments, the term "special district governments" excludes school district governments as they are defined as a separate governmental type.


Special district governments provide specific services that are not being supplied by existing general purpose governments. Most perform a single function, but in some instances, their enabling legislation allows them to provide several, usually related, types of services. The services provided by these districts range from such basic social needs as hospitals and fire protection, to the less conspicuous tasks of [[mosquito abatement]] and upkeep of cemeteries.
Districts are created by legislative action, court action, or public referendum, and contain a district board which operates the district. The board serves as a district [[board of directors]] and may be appointed by public officials, appointed by private entities, popularly elected, or elected by benefitted citizens (typically property owners). Sometimes, one or more public officials will serve ex officio on the board. Also, the board of a private entity may serve as the board of a special district (however, such a board could not be given the power to set a tax) The board serves primarily as a legislative board and appoints a [[chief executive]] for day to day operations and decision making and policy implementation. Most districts have employees, but some districts exist solely to issue bonds.


The Census Bureau classification of special district governments covers a wide variety of entities, most of which are officially called districts or authorities. Not all public agencies so termed, however, represent separate governments. Many entities that carry the designation "district" or "authority" are, by law, so closely related to county, municipal, town or township, or state governments that they are classified as subordinate agencies of those governments in Census Bureau statistics on governments, and are not counted as separate special district governments.
Districts typically have some corporate powers. They must be able to set their own budget without line item modification by another government. The authorizing legislation may give them the power to tax, issue bonds, or set fees; AND/OR the authorizing legislation may establish revenues via taxes or fees on behalf of the district; AND/OR the authorizing legislation may require contributions by participating local governments.


In order to be classified as a special district government, rather than as a subordinate agency, an entity must possess three attributes—existence as an organized entity, governmental character, and substantial autonomy. Each state description also lists various statutory authorities, commissions, corporations, and other forms of organizations that have certain governmental characteristics, but are subject by law to administrative or fiscal control by the state or by independent local governments; therefore, they are classified as subordinate agencies of those governments.
Special districts are sometimes created to provide [[firefighter|fire protection]], [[sewer]] service, [[public transport|transit service]] or to manage [[water]] resources, among many other possible functions. In many states in the USA, [[school district]]s manage the schools (as opposed to dependent school systems, which are dependent on the state or a local government for administrative and/or fiscal direction). Special-purpose districts are usually much more flexible than more geographically determined municipalities. All special-purpose districts are founded by some level of government in accordance with applicable state and federal laws and exist in all states.
</blockquote>


==Types==
==Characteristics==

*[[Community college]] district
Special districts serve limited areas and have [[governing board]]s that accomplish legislatively assigned functions using [[public funds]].<ref name="Mitzanry, K 2002, p. 2">Mitzanry, K, & Manatt, A. (2002, February).What's so special about special districts? A citizen's guide to special districts in California. 3rd. ed. p. 2.</ref>
*[[Conservation district]]

*Electricity district
===Governing body===
*[[Fire protection district]]

*[[Highway district]] (historic UK) or [[Road commission]] (Michigan)
Each district is governed by a [[board of directors]], [[commissioner]]s, [[board of supervisors]], or the like. These boards may be appointed by public [[official]]s, appointed by private entities, popularly elected, or elected by benefited citizens (typically, [[property]] owners). Sometimes, one or more public officials will serve as an [[ex officio member]] on the board.
*Hospital district

*[[Library district]]
The board of a special district serves primarily as a managing board and often appoints a [[chief executive]] for day-to-day operations and decision making and policy implementation. In the [[New England]] states, special districts are often run in the same [[town meeting]] fashion as other local governments. Most districts have employees,<ref>{{Cite web |url=https://www.census.gov/prod/2004pubs/gc023x2.pdf |title=Archived copy |access-date=2017-12-06 |archive-date=2017-07-22 |archive-url=https://web.archive.org/web/20170722031145/https://www.census.gov/prod/2004pubs/gc023x2.pdf |url-status=dead }}</ref> but some districts exist solely to raise funds by issuing [[bond (finance)|bond]]s and/or by providing [[tax increment financing]].
*[[Open space district]]

*Parks and Recreation district
===Functions===
*[[Poor law union]]

*[[Port district]]
Special districts perform many functions including [[airport]]s, [[port]]s, [[highway]]s, [[mass transit]], [[parking facilities]], [[fire protection]], [[libraries]], [[park]]s, [[cemeteries]], [[hospital]]s, [[irrigation]], [[conservation (ethic)|conservation]], [[sewerage]], [[wastewater treatment]], [[solid waste]], [[Optical fiber|fiber optic systems]], [[stadium]]s, [[water supply]], [[electric power]], and [[natural gas utility]].<ref>{{Cite web |url=https://www.census.gov/prod/2003pubs/gc021x1.pdf |title=Government Organization |access-date=2017-12-06 |archive-date=2017-07-24 |archive-url=https://web.archive.org/web/20170724024529/https://www.census.gov/prod/2003pubs/gc021x1.pdf |url-status=dead }}</ref><ref>Burns, N. The formation of American local governments: Private values in public institutions. Oxford University Press, 1994, p. 14.</ref>
*[[Public utility district]]

*[[Reclamation district]]
==Legal basis==
*[[Sanitary district]] (historic UK)
Special districts are authorized by state law and must have [[public]] foundation, [[civil office]], and public [[accountability]].
*[[School district]]

*Vector Control district
===State law===
*[[Water district]]

Special districts in the United States are founded by some level of [[government]] in accordance with state law <ref>[[U.S. Advisory Commission on Intergovernmental Relations]]. (1993, March). State laws governing local government structure and administration. page 7.</ref> (either constitutional amendment, general law, or special acts)<ref>Mitzanry, K, & Manatt, A. (2002, February) What's so special about special districts? A citizen's guide to special districts in California. 3rd. ed. p. 4.</ref> and exist in all states. Special districts are legally separate entities with at least some corporate powers.<ref>{{cite book | last = U.S. Census Bureau | author-link = United States Census Bureau | title = 2002 Census of Governments, Vol 1, Number 1, Government Organization, GC02(1)-1 | publisher = U.S. Government Printing Office | year = 2002 | location = Washington, DC | page = ix | url = https://www.census.gov/prod/2003pubs/gc021x1.pdf }}</ref> Districts are created by legislative action, court action, or public [[referendum]]. The procedures for creating a special district may include procedures such as [[petition]]s, hearings, voter or landowner approval, or government approval. Tribal governments may create special districts pursuant to state law and may serve on the boards of special districts.

===Public foundation===

Special districts, like all public entities, have [[public]] foundation.<ref>15A Am Jur 2d Colleges and Universities § 2
</ref><ref>16B Am Jur 2d Constitutional Law § 723</ref><ref>4B M.J. CORPORATIONS § 26</ref> The [[landmark case]] of the [[U.S. Supreme Court]] addressing public versus private charters was ''[[Dartmouth College v. Woodward]]'' in 1819.<ref name="Newmyer, R. K 2001, pp. 244-253">Newmyer, R. K. John Marshall and heroic age of the Supreme Court. Louisiana State University Press: Baton Rouge, 2001, pp. 244-253.</ref> Dartmouth established the fundamental differences between public and private organizations. Critically, a government must be founded by all of the people of a governmental area or by their governmental representatives.<ref name="Newmyer, R. K 2001, pp. 244-253" /><ref name="Allen v. McKean 1833">Allen v. McKean, 1 F. Cas. 489 (1833)</ref><ref>Louisville v. University of Louisville, 54 Ky. 642 (June 1855)</ref><ref>Ohio v. Neff, 52 Ohio St. 375, 40 N.E. 720 (1895)</ref><ref name="Currie, D. P. 1982">Currie, D. P. (1982, Fall). The Constitution in the Supreme Court: State and Congressional powers, 1801-1835. University of Chicago Law Review. 49 U. Chi. L. Rev. 887.</ref><ref>Opinion No. 84-134, 1984 Okla. AG LEXIS 17</ref><ref>Opinion No. 1007, 1994 Minn. AG LEXIS 2</ref>

===Civil office===

Special districts possess some form of [[civil office]], that is, the board has received a delegation of [[sovereignty|sovereign]] power from the state.<ref>Commissioner v. Shamberg's Estate, 144 F.2d 998 (1945)</ref> Some boards may be appointed by only landowners.<ref>Mitzanry, K, & Manatt, A. (2002, February).What's so special about special districts? A citizen's guide to special districts in California. 3rd. ed. p. 7 (box).</ref><ref>Burns, N. The formation of American local governments: Private values in public institutions. Oxford University Press, 1994, p. 12.</ref> Private entities may appoint some or all of the members of a special district;<ref>Scholle v. Maryland 90 Md. 729, 46 A. 736 (1900)</ref><ref>Marks v. Frantz, 179 Ky. 638 (1956)</ref><ref>Palm Beach County Health Care District v. Everglades Memorial Hospital 658 So. 2d 577 (Fla. 1995)</ref> however, there must be evidence of civil office. In addition to special districts with privately appointed boards, a special district may have a privately founded board;<ref>Sharpless v. Mayor 21 Pa. 147 (1853)</ref> however, such a board could not be given the power to set a tax.

===Accountability===

There is a citizen-government [[public finance|fiscal]] [[accountability]] relationship.<ref>Mead, D. M. (Winter 2002). The role of GASB 34 in the citizen-government accountability relationship. State and Local Government Review. Vol 34, No. 1 51-63.</ref> To maintain accountability for special districts, states must maintain ultimate control (the power to repeal the authorizing law at any time).<ref>Hess V. Port Authority Trans-Hudson Corporation, 513 U.S. 30, 115 S. Ct. 394, 130 L. Ed. 2d 245 (1994)</ref><ref>Meriwether v. Garrett, 102 U.S. 472, 26 L. Ed. 197 (1880)</ref><ref>Palm Beach County Health Care District v. Everglades Memorial Hospital, 658 So. 2d 577 (Fla. 1995)</ref><ref>Hess v. Port Authority Trans-Hudson Corporation, 513 U.S. 30,115 S. Ct. 394, 130 L. Ed. 2d 245 (1994)</ref><ref>Vogt v. Orleans Levee District, 294 F.3d 684 (5th Cir. 2002)</ref><ref>Reynolds v. Sims, 377 U.S. 533, 84 S. Ct. 136, 12 L. Ed. 2d 506 (1964)</ref> Due to public foundation and, thus, ultimate control, the state can freely delegate sovereign power (such as the power to tax) to special districts and can allow them to act autonomously with little supervision.

==History==

There is little information available on the earliest special districts in the United States. It is known that park districts existed in the 18th century. [[Toll road]] and [[canal]] corporations existed in the 19th century.<ref name="Intergovernmental Relations 1964">Advisory Commission on Intergovernmental Relations. (1964, May). The problem special districts in American government. Washington, DC UNT Digital Library</ref> The first general statute authorizing [[irrigation district]]s was adopted by California in 1887.<ref>Bollens, J. C. (1957). Special district government in the United States. University of California Press, pp. 142-144.</ref> The U.S. Census Bureau began identifying and collecting data on special districts in 1942.<ref>under construction</ref>

=== English custom ===
Special districts in the United States follow the English custom. The earliest known general law in England authorizing special purpose authorities was the Statute of Sewers of 1532.<ref name="Webb, S. 1922 p. 61">Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 61.</ref> Single purpose authorities created by individual [[charter]]s also existed at the time.<ref name="Webb, S. 1922 p. 61"/> However, the early authorities were temporary and unconnected to local government structure.<ref>Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 300.</ref> The first laws authorizing permanent authorities connected to local governments were the Incorporated Guardians of the Poor, which were created by special acts in the 17th century.<ref>Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 299.</ref> [[Turnpike trust]]s were an early and popular special purpose authority in England.<ref>Webb, S.(1922). English local government: Statutory authorities for special purposes.</ref> [[Internal drainage board]]s are current examples in parts of England and Wales.

==Trends==

The state of [[Illinois]] leads the nation in the number of special districts with [[California]] close behind.<ref name="ReferenceA"/> State counts of their special districts may differ from the federal count because the states may have different definitions of a special district than the U.S. Census Bureau.<ref name="Intergovernmental Relations 1964"/>


==Examples==
==Examples==
{{example farm|section|date=September 2021}}
*[[Los Angeles Community College District]], [[California]]
All of the following examples have been found by the U.S. Census Bureau to be special districts.<ref name="ReferenceA">U.S. Census Bureau 2012 Census of Governments Governments Organization</ref> See the Census of Governments Government Organization publications at a depository library or visit https://www.census.gov and select Governments Division.
*[[Metropolitan School District of Perry Township]], [[Indianapolis]], [[Indiana]]
* Alabama: [[Alabama Municipal Electric Authority]]
*[[Reedy Creek Improvement District]], [[Florida]]
* [[Administrative divisions of Alaska|Alaska]]: regional electrical authorities [[Water district]](general law)
*[[Metro (Oregon regional government)|Metro]], [[Portland metropolitan area]], [[Oregon]]
* Arizona: [[Valley Metro|Valley Metro Regional Public Transportation Authority]]
*[[Metropolitan Board of Works]]
* Arkansas: fire ant abatement districts (general law)
*[[Metropolitan Water Reclamation District of Greater Chicago]]
* [[Local government in California#Special districts|California]]: [[Golden Gate Bridge, Highway and Transportation District]]
*[[Midpeninsula Regional Open Space District]], [[California]]
* [[Special districts of Colorado|Colorado]]: [[Regional Transportation District]]
*[[York Rural Sanitary District]]
* [[Local government in Connecticut#Special tax and service districts|Connecticut]]: Pomperaug Valley Water Authority (special act)
* Delaware: tax ditches (general law)
* [[Administrative divisions of Florida#Special districts|Florida]]: [[Central Florida Tourism Oversight District]]
* Georgia: [[BeltLine|Atlanta BeltLine]] Special Services District
* Hawai{{okina}}i: Central Maui Soil & Water Conservation District
* Idaho: auditorium districts (general law)
* [[Special districts in Illinois|Illinois]]: [[Cook Memorial Public Library District]]
* Indiana: [[Northern Indiana Commuter Transportation District|Northwest Indiana Commuter Transportation District]]
* Iowa: library districts (joint or regional) (general law)
* Kansas: industrial districts (general law)
* Kentucky: [[Highview Fire Protection District]]
* Louisiana: West Jefferson Levee District
* Maine: cemetery districts (special acts)
* Maryland: water and sewer authorities (general law)
* Massachusetts: [[Holyoke Water Works]]
* Michigan: [[Huron–Clinton Metroparks]]
* Minnesota: [[Minnehaha Creek Watershed District]]
* Mississippi: lighting districts (special acts)
* Missouri: Jackson County Sports Complex Authority (special act)
* Montana: county rail authorities (general law)
* Nebraska: [[Omaha Public Power District]]
* Nevada: [[Las Vegas–Clark County Library District]]
* New Hampshire: housing authorities (general law)
* New Jersey: [[New Jersey Turnpike Authority]]
* New Mexico: [[Middle Rio Grande Conservancy District]]
* [[Special districts in New York (state)|New York]]: [[Port Washington Parking District]]
* North Carolina: Research Triangle Regional Public Transit Authority (special act)
* North Dakota: [[Minot Park District]]
* [[Administrative divisions of Ohio#Special districts|Ohio]]: [[Northeast Ohio Regional Sewer District]]
* Oklahoma: public library systems (general law)
* Oregon: [[Tualatin Hills Park & Recreation District]]
* [[Local government in Pennsylvania|Pennsylvania]]: [[Philadelphia Regional Port Authority]]
* [[Administrative divisions of Rhode Island#Special districts and agencies|Rhode Island]]: East Providence Special Development District Commission (special act)
* South Carolina: [[St. John's Fire District]]
* South Dakota: television translator districts (general law)
* Tennessee: utility districts (general law)
* [[Administrative divisions of Texas#Special districts|Texas]]: Palacios Seawall Commission (special act)
* Utah: [[Jordan Valley Water Conservancy District]]
* Vermont: Vermont Public Power Supply Authority (special act)
* [[Administrative divisions of Virginia#Special districts, agencies|Virginia]]: Buchanan County Tourist Train Development Authority (special act)
* Washington: Independent [[Health districts in Washington (state)|health districts]]
* West Virginia: Hatfield-McCoy Regional Recreation Authority
* [[Administrative divisions of Wisconsin#Special purpose units of government|Wisconsin]]: [[Milwaukee Metropolitan Sewerage District]]
* Wyoming: [[Baggs, Wyoming|Baggs]] Solid Waste Disposal District


==See also==
==See also==
*[[authority]]
* [[District]]
* [[Joint powers authority]]
*[[business improvement district]]
* [[Local government in the United States]]
*[[interstate compact]]
* [[Public-benefit nonprofit corporation]]
*[[municipality]]
*[[off-budget enterprise]]
*[[political science]]
*[[quasi-autonomous non-government organisation]]
*[[residential community association]]
*[[United States federal judicial district]]


==References==
==References==
{{reflist|30em}}
<references/>

* [http://www.csda.net/spcldist.htm California Special Districts Association]
==Further reading==
* Friedman, L. M. A history of American law. (3rd). Simon & Schuster: New York. 2005.
* Krane, D., Rigos, P. N., and Hill, M. B. Home rule in America: A fifty-state handbook. CQ Press. 2001.
* Mergent's Municipal and Government Manual
* Zimmerman, J. F. The New England town meeting. Greenwood Publishing Group. 1997.

==External links==
* [http://www.waterplan.water.ca.gov/docs/cwpu2005/vol4/vol4-background-whatssospecialaboutspecialdistricts.pdf A Citizen's Guide to Special Districts in California] {{Webarchive|url=https://web.archive.org/web/20110704180433/http://www.waterplan.water.ca.gov/docs/cwpu2005/vol4/vol4-background-whatssospecialaboutspecialdistricts.pdf |date=2011-07-04 }}
* [http://www.csda.net/ California Special Districts Association]
* [https://www.sdao.com Special Districts Association of Oregon]
* [https://www.sdao.com/s4/resources/fact-sheets.aspx Oregon Special Districts Fact Sheets]
* [https://www.census.gov U.S. Census Bureau]
* [https://www.census.gov/prod/2003pubs/gc021x1.pdf U.S. Census Bureau/Governments Organization/Volume 1]
* [http://www.gasb.org/ Government Accounting Standards Board]
* [https://wayback.archive-it.org/all/20100327053521/http://www.census.gov/govs/www/06classificationmanual/06_gfe_classmanual_toc.html 2006 Government Finance and Employment Classification Manual, U.S. Census Bureau]
* [https://web.archive.org/web/20100211112521/http://harvester.census.gov/gid/gid_07/options.html 2007 Governments Integrated Directory, U.S. Census Bureau]
* [https://www.irs.gov/taxexemptbond/index.html IRS tax-exempt bond information] {{Webarchive|url=https://web.archive.org/web/20120825092541/http://www.irs.gov/taxexemptbond/index.html |date=2012-08-25 }}
* [http://www.mrsc.org/subjects/governance/spd/spdmain.aspx Municipal Research and Services Center of Washington]
* [http://www.floridajobs.org/specialdistricts Florida Department of Economic Opportunity, Special District Accountability Program]
* [https://web.archive.org/web/20090531043315/http://www.cviog.uga.edu/slgr/ State and Local Government Review - current and past issues]
* [https://www.bloomberg.com/news/2013-10-28/reagan-revolution-misses-tax-fiefdoms-flourishing-in-u-s-.html Bloomberg News]
* [https://www.youtube.com/watch?v=3saU5racsGE Last Week Tonight with John Oliver: Special Districts (HBO)]


{{DEFAULTSORT:Special-Purpose District}}
[[Category:country subdivisions]]
[[Category:Special administrative structures]]
[[Category:Types of administrative division]]
[[Category:Special administrative structures in the United States| ]]

Latest revision as of 02:14, 19 November 2024

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Special districts (also known as special service districts, special district governments, or limited purpose entities) are independent, special-purpose governmental units that exist separately from local governments such as county, municipal, and township governments, with substantial administrative and fiscal independence. They are formed to perform a single function or a set of related functions.[1] The term special district governments as defined by the U.S. Census Bureau excludes school districts.[1] In 2017, the U.S. had more than 51,296 special district governments.[2]

Census definition

[edit]

The United States Census counts government units across all States. This includes "special districts". To count the special districts the Census must define the special districts so as to address all such governmental entities across the broad spectrum of 50 states' definitions and interpretations. The Census's full definition is:[3]

Special district governments are independent, special purpose governmental units, other than school district governments, that exist as separate entities with substantial administrative and fiscal independence from general purpose local governments. As defined for Census Bureau statistics on governments, the term "special district governments" excludes school district governments as they are defined as a separate governmental type.

Special district governments provide specific services that are not being supplied by existing general purpose governments. Most perform a single function, but in some instances, their enabling legislation allows them to provide several, usually related, types of services. The services provided by these districts range from such basic social needs as hospitals and fire protection, to the less conspicuous tasks of mosquito abatement and upkeep of cemeteries.

The Census Bureau classification of special district governments covers a wide variety of entities, most of which are officially called districts or authorities. Not all public agencies so termed, however, represent separate governments. Many entities that carry the designation "district" or "authority" are, by law, so closely related to county, municipal, town or township, or state governments that they are classified as subordinate agencies of those governments in Census Bureau statistics on governments, and are not counted as separate special district governments.

In order to be classified as a special district government, rather than as a subordinate agency, an entity must possess three attributes—existence as an organized entity, governmental character, and substantial autonomy. Each state description also lists various statutory authorities, commissions, corporations, and other forms of organizations that have certain governmental characteristics, but are subject by law to administrative or fiscal control by the state or by independent local governments; therefore, they are classified as subordinate agencies of those governments.

Characteristics

[edit]

Special districts serve limited areas and have governing boards that accomplish legislatively assigned functions using public funds.[4]

Governing body

[edit]

Each district is governed by a board of directors, commissioners, board of supervisors, or the like. These boards may be appointed by public officials, appointed by private entities, popularly elected, or elected by benefited citizens (typically, property owners). Sometimes, one or more public officials will serve as an ex officio member on the board.

The board of a special district serves primarily as a managing board and often appoints a chief executive for day-to-day operations and decision making and policy implementation. In the New England states, special districts are often run in the same town meeting fashion as other local governments. Most districts have employees,[5] but some districts exist solely to raise funds by issuing bonds and/or by providing tax increment financing.

Functions

[edit]

Special districts perform many functions including airports, ports, highways, mass transit, parking facilities, fire protection, libraries, parks, cemeteries, hospitals, irrigation, conservation, sewerage, wastewater treatment, solid waste, fiber optic systems, stadiums, water supply, electric power, and natural gas utility.[6][7]

[edit]

Special districts are authorized by state law and must have public foundation, civil office, and public accountability.

State law

[edit]

Special districts in the United States are founded by some level of government in accordance with state law [8] (either constitutional amendment, general law, or special acts)[9] and exist in all states. Special districts are legally separate entities with at least some corporate powers.[10] Districts are created by legislative action, court action, or public referendum. The procedures for creating a special district may include procedures such as petitions, hearings, voter or landowner approval, or government approval. Tribal governments may create special districts pursuant to state law and may serve on the boards of special districts.

Public foundation

[edit]

Special districts, like all public entities, have public foundation.[11][12][13] The landmark case of the U.S. Supreme Court addressing public versus private charters was Dartmouth College v. Woodward in 1819.[14] Dartmouth established the fundamental differences between public and private organizations. Critically, a government must be founded by all of the people of a governmental area or by their governmental representatives.[14][15][16][17][18][19][20]

Civil office

[edit]

Special districts possess some form of civil office, that is, the board has received a delegation of sovereign power from the state.[21] Some boards may be appointed by only landowners.[22][23] Private entities may appoint some or all of the members of a special district;[24][25][26] however, there must be evidence of civil office. In addition to special districts with privately appointed boards, a special district may have a privately founded board;[27] however, such a board could not be given the power to set a tax.

Accountability

[edit]

There is a citizen-government fiscal accountability relationship.[28] To maintain accountability for special districts, states must maintain ultimate control (the power to repeal the authorizing law at any time).[29][30][31][32][33][34] Due to public foundation and, thus, ultimate control, the state can freely delegate sovereign power (such as the power to tax) to special districts and can allow them to act autonomously with little supervision.

History

[edit]

There is little information available on the earliest special districts in the United States. It is known that park districts existed in the 18th century. Toll road and canal corporations existed in the 19th century.[35] The first general statute authorizing irrigation districts was adopted by California in 1887.[36] The U.S. Census Bureau began identifying and collecting data on special districts in 1942.[37]

English custom

[edit]

Special districts in the United States follow the English custom. The earliest known general law in England authorizing special purpose authorities was the Statute of Sewers of 1532.[38] Single purpose authorities created by individual charters also existed at the time.[38] However, the early authorities were temporary and unconnected to local government structure.[39] The first laws authorizing permanent authorities connected to local governments were the Incorporated Guardians of the Poor, which were created by special acts in the 17th century.[40] Turnpike trusts were an early and popular special purpose authority in England.[41] Internal drainage boards are current examples in parts of England and Wales.

[edit]

The state of Illinois leads the nation in the number of special districts with California close behind.[42] State counts of their special districts may differ from the federal count because the states may have different definitions of a special district than the U.S. Census Bureau.[35]

Examples

[edit]

All of the following examples have been found by the U.S. Census Bureau to be special districts.[42] See the Census of Governments Government Organization publications at a depository library or visit https://www.census.gov and select Governments Division.

See also

[edit]

References

[edit]
  1. ^ a b U.S. Census Bureau (2002). 2002 Census of Governments, Vol 1, Number 1, Government Organization, GC02(1)-1 (PDF). Washington, DC: U.S. Government Printing Office. pp. vii–viii.
  2. ^ "Number of Local Governments by State". www.governing.com. 14 September 2012. Retrieved 2021-01-06.
  3. ^ "TECHNICAL DOCUMENTATION: 2007 Public Use Files for Local and State Government Organization" (PDF). US Census Bureau. p. 3–4. Retrieved 2024-11-18.
  4. ^ Mitzanry, K, & Manatt, A. (2002, February).What's so special about special districts? A citizen's guide to special districts in California. 3rd. ed. p. 2.
  5. ^ "Archived copy" (PDF). Archived from the original (PDF) on 2017-07-22. Retrieved 2017-12-06.{{cite web}}: CS1 maint: archived copy as title (link)
  6. ^ "Government Organization" (PDF). Archived from the original (PDF) on 2017-07-24. Retrieved 2017-12-06.
  7. ^ Burns, N. The formation of American local governments: Private values in public institutions. Oxford University Press, 1994, p. 14.
  8. ^ U.S. Advisory Commission on Intergovernmental Relations. (1993, March). State laws governing local government structure and administration. page 7.
  9. ^ Mitzanry, K, & Manatt, A. (2002, February) What's so special about special districts? A citizen's guide to special districts in California. 3rd. ed. p. 4.
  10. ^ U.S. Census Bureau (2002). 2002 Census of Governments, Vol 1, Number 1, Government Organization, GC02(1)-1 (PDF). Washington, DC: U.S. Government Printing Office. p. ix.
  11. ^ 15A Am Jur 2d Colleges and Universities § 2
  12. ^ 16B Am Jur 2d Constitutional Law § 723
  13. ^ 4B M.J. CORPORATIONS § 26
  14. ^ a b Newmyer, R. K. John Marshall and heroic age of the Supreme Court. Louisiana State University Press: Baton Rouge, 2001, pp. 244-253.
  15. ^ Allen v. McKean, 1 F. Cas. 489 (1833)
  16. ^ Louisville v. University of Louisville, 54 Ky. 642 (June 1855)
  17. ^ Ohio v. Neff, 52 Ohio St. 375, 40 N.E. 720 (1895)
  18. ^ Currie, D. P. (1982, Fall). The Constitution in the Supreme Court: State and Congressional powers, 1801-1835. University of Chicago Law Review. 49 U. Chi. L. Rev. 887.
  19. ^ Opinion No. 84-134, 1984 Okla. AG LEXIS 17
  20. ^ Opinion No. 1007, 1994 Minn. AG LEXIS 2
  21. ^ Commissioner v. Shamberg's Estate, 144 F.2d 998 (1945)
  22. ^ Mitzanry, K, & Manatt, A. (2002, February).What's so special about special districts? A citizen's guide to special districts in California. 3rd. ed. p. 7 (box).
  23. ^ Burns, N. The formation of American local governments: Private values in public institutions. Oxford University Press, 1994, p. 12.
  24. ^ Scholle v. Maryland 90 Md. 729, 46 A. 736 (1900)
  25. ^ Marks v. Frantz, 179 Ky. 638 (1956)
  26. ^ Palm Beach County Health Care District v. Everglades Memorial Hospital 658 So. 2d 577 (Fla. 1995)
  27. ^ Sharpless v. Mayor 21 Pa. 147 (1853)
  28. ^ Mead, D. M. (Winter 2002). The role of GASB 34 in the citizen-government accountability relationship. State and Local Government Review. Vol 34, No. 1 51-63.
  29. ^ Hess V. Port Authority Trans-Hudson Corporation, 513 U.S. 30, 115 S. Ct. 394, 130 L. Ed. 2d 245 (1994)
  30. ^ Meriwether v. Garrett, 102 U.S. 472, 26 L. Ed. 197 (1880)
  31. ^ Palm Beach County Health Care District v. Everglades Memorial Hospital, 658 So. 2d 577 (Fla. 1995)
  32. ^ Hess v. Port Authority Trans-Hudson Corporation, 513 U.S. 30,115 S. Ct. 394, 130 L. Ed. 2d 245 (1994)
  33. ^ Vogt v. Orleans Levee District, 294 F.3d 684 (5th Cir. 2002)
  34. ^ Reynolds v. Sims, 377 U.S. 533, 84 S. Ct. 136, 12 L. Ed. 2d 506 (1964)
  35. ^ a b Advisory Commission on Intergovernmental Relations. (1964, May). The problem special districts in American government. Washington, DC UNT Digital Library
  36. ^ Bollens, J. C. (1957). Special district government in the United States. University of California Press, pp. 142-144.
  37. ^ under construction
  38. ^ a b Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 61.
  39. ^ Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 300.
  40. ^ Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 299.
  41. ^ Webb, S.(1922). English local government: Statutory authorities for special purposes.
  42. ^ a b U.S. Census Bureau 2012 Census of Governments Governments Organization

Further reading

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  • Friedman, L. M. A history of American law. (3rd). Simon & Schuster: New York. 2005.
  • Krane, D., Rigos, P. N., and Hill, M. B. Home rule in America: A fifty-state handbook. CQ Press. 2001.
  • Mergent's Municipal and Government Manual
  • Zimmerman, J. F. The New England town meeting. Greenwood Publishing Group. 1997.
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