LOCAL GOVERNMENT Flashcards
What are cities?
Cities are independent incorporated communities that have a population of 5k or more
What are towns?
Towns are incorporated communities within one or more counties that have a population of 1k or more; NOT independent of counties and share governmental functions and services with the county in which they are located.
What is a local government charter?
A local government charter is what grants power and defines the extent of delegated power.
How does a community request to be incorporated as a town?
Citizens may present a petition to the circuit court, signed by 100 voters, requesting that a community be incorporated as a town.
What is Dillons rule?
Under this rule of strict construction, localities, as agencies created by the Commonwealth, have no inherent power; all power must be
(i) expressly granted by statute or charter,
(ii) necessarily or fairly implied from those expressly granted powers, or
(iii) essential and indispensable to the locality’s declared objectives and purposes
NO PRESUMPTION THAT THE EXERCISE OF POWER IS VALID STRICTLY CONSTRUED AGAINST LOCAL GOV.
Preemption
A locality cannot enact an ordinance that is inconsistent with state law.
What are the powers delegated by state?
Powers necessary to govern and administer proper authority for a public purpose (tax, enforce ordinances, sue, k, property)
Ordinance enactment requirements
Local governments can enact and enforce ordinances that are consistent with state law.
Enactment: may be adopted/amendment/appealed by a simple majority of governing body at a public meeting
Notice: county government must publish notice in a newspaper circulated in the county and provide citizens with information about the ordinances content
Clear language
Who has the burden or proof in challenging an ordinance and what is the standard?
A party alleging the invalidity of an ordinance has the burden or proof. It must be overcome by a showing of unreasonableness by clear and convincing proof.
What is a local governments zoning power?
A local government can separate land uses into designated zoning districts.
Zoning decisions are presumed to be reasonable and valid. The party attacking validity has a burden or establishing the decision was not reasonable.
What is required for physical development of a territory within a local government?
Each governing body must adopt a comprehensive plan for the physical development of the territory within its jurisdiction.
How must one appeal a zoning decision?
The aggrieved party must deliver a notice of appeal to the administrator and the Board of Zoning appeals or file a petition with the clerk of the circuit court within 30 days of the decision.
NOTE: When appeared to the circuit court there is a prima facie presumption that the power and discretion of the BZA have been properly exercised.
Vested rights
Zoning ordinances are subject to change; property development may be ongoing as that change occurs. Under Virginia law, development rights become vested and will not be affected by a subsequent amendment when the landowner;
relies in good faith and insures extensive obligations or substantial expenses in diligent pursuit of the specced project in reliance.
Eminent Domain
In Virginia, local governments are auhoutizead by statute to condemn private land for public use through the power of eminent domain,
May acquire no more than which is necessary to achieve the state public use and private property may not be condemned without just compensation which is the fair marker value of the property at the time of the taking.
Eminent Domain and lost profits
Virginia’s Constitution authorizes the recovery of lost profits as a result of a taking in a condemnation case. Lost profits are limited to net income for three years prior to the valuation date.
What is public use?
In general, property may be taken only if the public interest dominates the private gain and the primary purpose if not private financial gain, tax bases, increase in employment, or economic development.
(Public corp, airports, libraries, utility service, elimination of blight)
What is inverse condemnation?
When a local government takes property for a public use but fails to pay just compensation, a landowner may file an action for inverses condemnation.
Sale of Land
A city or town can not sell right to waterfront, public landings, docks, streets, avenues, or other public places without an ordinance or resolution passes by three-fouths of all member elected to the governing body.
Governmental Immunity and Liability
Unless waived by statute, counties generally cannot be sued in tort.
Municipalities (Cities and Towns) enjoy sovereign immunity from tort as well as quasi-contracts when performing public, governmental functions. DOES NOT exist for proprietary functions.
Governmental v. Proprietary Functions
Governmental functions: police and fire protection; operation fo hospitals and public education facilities; and garbage removal
Proprietary functions: Routine matinenace of streets; provision of utilities; maintenance of rec facilities (gross negligence), operation of housing authorities
Note: if unclear if proprietary or government function will be proprietary
Liability of Government Officers and Employees
Sovereign immunity MAY extend to these officers/employees who are negligent in performing a government function.
Factors: Nature of the function, extent of governments interest, control the government exercises, whether act involved discretion of the employee.
NOTE: Immunity does not protect wanton or grossly negligent behavior or employee who acts beyond scope or who exceeds his authority and discretion
Respondent superior
When immunity does not apply the party must show ;the municipality has authority to control the agents actions and the agent was acting within the scope of his employment for liability to attach.
Liability in Parks
A city or town that operate a part, recreational facility, or playground is not liable in any civil action or proceeding for damages resulting from an injury or property damage caused by ordinary negligence.
HOWEVER, such city or two in liable in damages for the gross negligence.
Slight defect
In negligence actions, when an alleged defect is so slight that a reasonable person could only conclude that it would not endanger, the municipality is free of negligence as a matter of law.
Negligence Notice
To prove a municipal corporations tort liability, a plaintiff must allege and show notice to the municipality if the existence of the defect.
These claims are barred UNLESS claimaint has filed with proper officer a written statement of the nature of claim, including the time and place at which the injury is alleged to have occur within six months after the cause of action accrued,
