Exam Rules - Local Government Law Flashcards
What factors are considered when determining whether SI applies?
(1) nature of the function (2) extent of the government’s interest and involvement in the function (3) degree of control the government exercises over the employee and (4) whether the act involved discretion of the employee
When is there a taking
A taking under the power of eminent domain occurs when the government takes title to land, physically invades land, or severely restricts the use of land
Does the abatement of a public nuisance constitute a taking
No, the abatement of a public nuisance a taking for public use for which compensation must be paid
When will a court interfere with a municipality’s exercise of the police power
When the decision is unreasonable or arbitrary
What is the requirement for writing a city ordinance
A city ordinance must be written with clear, certain, and definite language so that an average person could, after reading the ordinance understand whether they will incur a penalty for their action or inaction
What is public use
Public use includes the taking of property for (1) the possession, ownership, occupation, or enjoyment by the public or a public corporation or (2) construction, maintenance, or operation of public facilities by a public corporation
What is not public use
Public use does not include the condemnation of land where the primary purpose is increasing tax revenues, stimulating employment, private benefit, private gain or economic development. The public use must dominate the private use.
Where are condemnation proceedings brought
Condemnation proceedings are brought in the circuit court of the city or county where the property to be condemned is located
How is just compensation measured
Just compensation is the fair market value at the time of the taking, including lost profits
How are lost profits calculated
Lost profits must be reasonably certain and are limited to the net income for three years prior to the valuation date. The owner cannot have reasonably prevented the loss through relocation
What type of relief can a plaintiff seek when challenging a ministerial act?
A writ of mandamus, which orders a governmental body to perform a specified ministerial act. A ministerial act is one that requires no discretion as long as the requirements of the application have been met.
What is the effect of the Virginia Tort Claims Act
The VTCA waives sovereign immunity for negligent or wrongful acts or omissions of its employees, acting within the scope of their employment, for up to $100,000 and to the same extent a private person would be liable.
What impact does SI have on subject matter jurisdiction?
Sovereign immunity strips a court of jurisdiction and can therefore be raised at any time and is unwaivable.
Who bears the presumption of proving a condemnation is proper
The condemnor bears the burden of proving that the use is public and enjoys no presumption that it is
How can an ordinance be adopted, amended or repealed
An ordinance can be adopted, amended, or repealed by a simple majority vote of the members of the governing body of a local government who are present
What is Dillon’s Rule
Localities have no inherent power, all power must be expressly provided by statute or charter, or implied by the powers expressly granted as essential to the locality’s declared objectives and purposes. Any power exercises by local government that has not been delegated by the state will be void. Any reasonable doubt concerning the existence of power is resolved by the courts against the local government.
What rights does the VA FOIA create
Under VA FOIA, all public records related to public business must be open during the regular office hours of the custodian of such records for inspection and copying by citizens of the Commonwealth or representatives of newspapers or broadcasting stations with circulation in the Commonwealth
How long does a custodian have to respond to a public records request
5 woking days
Can local governments meet virtually
Generally, no. However, any public body may meet by electronic communication means without a quorum physically assembled when the Governor has declared a state of emergency provided that (1) the catastrophic nature of the declared emergency makes it impracticable or unsafe to quorum and (2) the purpose of the meeting is to address the emergency
What is the notice requirement for suing the government
Under Virginia law, negligence claims against any local government are barred unless the claimant has delivered to the propert designated officer a written statement of the nature of the claim, including the time and place at which the injury occurred, within 6 months after the cause of action accrued.
