Within the United States, an unincorporated area (also known as an unincorporated community or unincorporated place) refers to an area of land which is outside the boundaries of any municipality or local government, but still governed by the county, state, and federal governments. [1]
Unincorporated areas exist as a direct consequence of how incorporated areas are established, rather than being established themselves.
The United States was originally a British territory, and was thus represented at colony level with state department in the British government. After the American Revolutionary War, which resulted in American independence, a constitution was written. While the constitution dictated a federal system of government, it gave no mention of any form of devolved government lower than that of the state. Therefore, matters pertaining to the issue were left to the states for them to decide. Eventually, all states created county governments through their constitutions. These counties were granted local autonomy to govern their people. Subsequently, the states and counties began granting municipal charters, which established local governments within the county, within the state. Eventually, states decided to create criteria for the formation of new municipalities, who could then apply for official status.
Eventually, most land was covered by a municipal charter, as it provided the benefits of having dedicated police, medical facilities, education, local tax spending, and local elected representatives and staff. [2] Some land was not covered by the municipal charters, and thus did not become a municipality, instead being governed directly by the county. A consequence of this was a lower tax for residents of unincorporated areas, as there is one less layer of government for them to pay taxes to. A notable example of this being taken advantage of is by the casinos commonly associated with Las Vegas. While frequently assumed to be part of the city, the casinos in fact actually belong to Paradise, Nevada, an unincorporated area outside of Las Vegas. [3]
For an area to form a local government (and thus become incorporated), a charter must be written by the county. Since the adoption of this process, most of the land within the United States has been covered by a charter, and is under the jurisdiction of a municipal government. Unincorporated areas are areas of land that are not covered by a charter. They have no self-jurisdiction and are governed entirely by the county, state, and federal governments. [4] [5]
The United States is a federal constitutional republic, in which the President of the United States, Congress, and judiciary share powers reserved to the national government, and the federal government shares sovereignty with the state governments.
Las Vegas, officially the City of Las Vegas and often known simply as Vegas, is the 28th-most populated city in the United States, the most populated city in the state of Nevada, and the county seat of Clark County. The city anchors the Las Vegas Valley metropolitan area and is the largest city within the greater Mojave Desert. Las Vegas is an internationally renowned major resort city, known primarily for its gambling, shopping, fine dining, entertainment, and nightlife. The Las Vegas Valley as a whole serves as the leading financial, commercial, and cultural center for Nevada.
Clark County is located in the U.S. state of Nevada. As of the 2010 census, the population was 1,951,269, with an estimated population of 2,266,715 in 2019. Most of the county population resides in the Las Vegas Census County Divisions, holding 1,771,945 people as of the 2010 Census, covering the 476 square miles (1,233 km2). It is by far the most populous county in Nevada, accounting for 7% of the state's land area but 74% of the state's population – thus making Nevada one of the most centralized states in the United States.
A local government is a form of public administration which, in a majority of contexts, exists as the lowest tier of administration within a given state. The term is used to contrast with offices at state level, which are referred to as the central government, national government, or federal government and also to supranational government which deals with governing institutions between states. Local governments generally act within powers delegated to them by legislation or directives of the higher level of government. In federal states, local government generally comprises the third tier of government, whereas in unitary states, local government usually occupies the second or third tier of government, often with greater powers than higher-level administrative divisions.
Paradise is an unincorporated town and census-designated place (CDP) in Clark County, Nevada, United States, adjacent to the city of Las Vegas. The population was 231,858 as of 2017, making it the most populous CDP in the United States and the 4th biggest city in Nevada. As an unincorporated town, it is governed by the Clark County Commission with input from the Paradise Town Advisory Board. Paradise was formed on December 8, 1950.
In law, an unincorporated area is a region of land that is not governed by a local municipal corporation; similarly an unincorporated community is a settlement that is not governed by its own local municipal corporation, but rather is administered as part of larger administrative divisions, such as a township, parish, borough, county, city, canton, state, province or country. Occasionally, municipalities dissolve or disincorporate, which may happen if they become fiscally insolvent, and services become the responsibility of a higher administration. Widespread unincorporated communities and areas are a distinguishing feature of the United States and Canada. In most other countries of the world, there are either no unincorporated areas at all, or these are very rare; typically remote, outlying, sparsely populated or uninhabited areas.
A civil township is a widely used unit of local government in the United States that is subordinate to a county. The term town is used in New England, New York, and Wisconsin to refer to the equivalent of the civil township in these states. Specific responsibilities and the degree of autonomy vary based on each state. Civil townships are distinct from survey townships, but in states that have both, the boundaries often coincide and may completely geographically subdivide a county. The U.S. Census Bureau classifies civil townships as minor civil divisions. Currently, there are 20 states with civil townships.
The administrative divisions of New York are the various units of government that provide local services in the State of New York. The state is divided into boroughs, counties, cities, townships, called "towns", and villages. They are municipal corporations, chartered (created) by the New York State Legislature, under the New York State Constitution the only body that can create governmental units in the state. All of them have their own governments, sometimes with no paid employees, that provide local services. Centers of population that are not incorporated and have no government or local services are designated hamlets. Whether a municipality is defined as a borough, city, town, or village is determined not by population or land area, but rather on the form of government selected by the residents and approved by the New York Legislature. Each type of local government is granted specific home rule powers by the New York State Constitution. There are still occasional changes as a village becomes a city, or a village dissolves, each of which requires legislative action. New York also has various corporate entities that provide local services and have their own administrative structures (governments), such as school and fire districts. These are not found in all counties.
Local government in Australia is the third level of government division in Australia, and is administered by the states and territories, which in turn are beneath the federal level. Local government is not mentioned in the Constitution of Australia and two referenda in the 1970s and 1980s to alter the Constitution relating to local government were unsuccessful. Every state government recognises local government in its respective constitution. Unlike Canada or the United States, there is only one level of local government in each state, with no distinction such as cities and counties.
Local government in the United States refers to governmental jurisdictions below the level of the state. Most states and territories have at least two tiers of local government: counties and municipalities. In some states, counties are divided into townships. There are several different types of jurisdictions at the municipal level, including the city, town, borough, and village. The types and nature of these municipal entities vary from state to state.
Massachusetts shares with the five other New England states a governmental structure known as the New England town. Only the southeastern third of the state has functioning county governments; in western, central, and northeastern Massachusetts, traditional county-level government was eliminated in the late 1990s. Generally speaking, there are four kinds of public school districts in Massachusetts: local schools, regional schools, vocational/technical schools, and charter schools.
The administrative divisions of Wisconsin include counties, cities, villages and towns. In Wisconsin, all of these are units of general-purpose local government. There are also a number of special-purpose districts formed to handle regional concerns, such as school districts.
The administrative divisions of Virginia are the areas into which the Commonwealth of Virginia, a U.S. state, is divided for political and administrative purposes. Some are local governments; others are not. However, all local governments are political subdivisions of the state.
In the United States, the meaning of "village" varies by geographic area and legal jurisdiction. In many areas, "village" is a term, sometimes informal, for a type of administrative division at the local government level. Since the Tenth Amendment to the United States Constitution prohibits the federal government from legislating on local government, the states are free to have political subdivisions called "villages" or not to and to define the word in many ways. Typically, a village is a type of municipality, although it can also be a special district or an unincorporated area. It may or may not be recognized for governmental purposes.
A province is almost always an administrative division within a country or state. The term derives from the ancient Roman provincia, which was the major territorial and administrative unit of the Roman Empire's territorial possessions outside Italy. The term province has since been adopted by many countries. In some countries with no actual provinces, "the provinces" is a metaphorical term meaning "outside the capital city".
The local government in Malaysia is the lowest tier of government in Malaysia administered under the states and federal territories which in turn are beneath the federal tier. Local governments are generally under the exclusive purview of the state governments as provided in the Constitution of Malaysia, except for local governments in the federal territories. The federal Ministry of Housing and Local Government plays a role in co-ordinating and standardising the practices of local governments across the country.
Local government in Pennsylvania is government below the state level in Pennsylvania. There are six types of local governments listed in the Pennsylvania Constitution: county, township, borough, town, city, and school district. All of Pennsylvania is included in one of the state's 67 counties, which are in total subdivided into 2,561 municipalities. There are currently no independent cities or unincorporated territories within Pennsylvania.
The Government of Sacramento County is defined and authorized under the California Constitution, California law, and the Charter of the County of Sacramento. Much of the government of California is in practice the responsibility of county governments, such as the Government of Sacramento County. The County government provides countywide services such as elections and voter registration, law enforcement, jails, vital records, property records, tax collection, public health, and social services. In addition the County serves as the local government for all unincorporated areas.
Local governments are established by the government of Florida and are given varying amounts of non-exclusive authority over their jurisdictions. The law governing the creation of these governments is contained both within the Florida Constitution and Florida Statutes. Local governments are incorporated in Florida by special acts of the Florida Legislature. There are four types of local governments in Florida: counties, municipalities, school districts, and special districts.
The administrative divisions of Ohio are counties, municipalities, townships, special districts and school districts.