Legal Definitions - incidental power

Definition: Incidental power refers to a power that is necessary to achieve a specific purpose, even though it is not explicitly granted. It is a power that must exist to accomplish an express goal.

Example: A city council has the express power to regulate traffic on city streets. However, to effectively carry out this power, the council may need to hire additional staff or purchase equipment. Although the power to hire staff or purchase equipment is not explicitly granted, it is necessary to accomplish the express goal of regulating traffic.

This example illustrates how incidental power is necessary to achieve an express purpose. Without the power to hire staff or purchase equipment, the city council would not be able to effectively regulate traffic on city streets.