Town - Powers

In general, towns have only the powers conferred upon them by the state legislature. However, the capacity of a town to acquire and hold real property has long been recognized under English COMMON LAW. Towns are, therefore, generally given the power to construct their own public buildings and usually have the power to lease their property.

Towns are ordinarily granted the power to enact ordinances concerning local matters, provided the ordinances are reasonable and protect the GENERAL WELFARE of the public to an appreciable degree. For example, a town might enact ZONING ordinances to restrict the use of land in certain designated areas to safeguard the public health and safety.

Ordinances enacted by a town are subject to JUDICIAL REVIEW, especially concerning their reasonableness.