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East Central Reporter

Tuesday, October 15, 2024

Article discusses challenges in understanding public purpose

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Edgar County Watchdogs, Inc. | Edgar County Watchdogs site

Edgar County Watchdogs, Inc. | Edgar County Watchdogs site

Over the past 13 years, a growing awareness has emerged about local government and the limitations imposed on them by laws and state constitutions. However, there appears to be a gap in understanding regarding the proper application of Public Purpose. This lack of comprehension may stem from several reasons.

The authors express their belief that "some people are dumb," suggesting that those who cannot grasp court rulings or Attorney General opinions might fall into this category. They stress that this article is not intended for individuals unable to understand such explanations.

Understanding public purpose involves grasping statutory construction, legislative intent, Dillon's Rule, and statutory prohibitions. The authors note they need not explain these concepts themselves because they are clearly articulated in 28 Attorney General opinions listed in the article. Courts often look to floor debates to determine legislative intent. It is cautioned against assuming recent legislation concerning county government farm ground exempts it from constitutional restraints, as video evidence from Senate proceedings shows otherwise.

For those interested in honest analysis, several key points from AG opinions are provided for consideration. These insights are drawn from case law and Attorney General opinions rather than personal viewpoints.

Readers are encouraged to delve deeper into these materials for a comprehensive understanding of public purpose and its legal applications. The piece suggests this exploration as part of an educational journey termed "Public Purpose Education 101." Completing this process is likened to graduating with a foundational understanding of how laws apply within this context.

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