Local Government Law

Question 1

Is a county government liable for personal injuries

Answer 1

No, a county government is not liable for PI caused by the negligence of its officers, agents, or employees

Question 2

What is a city

Answer 2

An independent incorporated community that has a population of 5,000 or more citizens within its boundaries or that became a city before July 1, 1971

Question 3

What is a town

Answer 3

A town is within a county and has a population of 1,000 or more citizens

Question 4

How are local governments created

Answer 4

Judicial proceeding or general assembly granting a charter

Question 5

How can the boundary of a town or city be changed

Answer 5

Through annexation, which requires (1) passage of an ordinance to petition the circuit court for the county in which any territory adjacent to the city or town lies through majority vote (2) filing notice with the Commission on Local Government and all governments located within (3) the Supreme Court appoints a special court to hear the case

Question 6

What does the circuit court consider when reviewing an annexation petition

Answer 6

(1) best interests of the people of the locality (2) services to be rendered (3) best interests of the people in the annexed portion and the remaining portion (4) best interests of the people int he remaining portion of the county and (5) best interests of the state in promoting strong and viable units of government

Question 7

How does a town become a city

Answer 7

Supreme Court appointed special court will consider (1) 5,000 people (2) ability to function as an independent city and provide services, including an independent school system (3) will not impair the ability of county from which the town is to be separated to meet the service needs of the remaining population and (4) best interests of the party and the state

Question 8

City to Town

Answer 8

(1) less than 50,000 people (2) adjoining county or counties are defendants (3) will not substantially impair adjoining county’s ability to serve the new town (4) proposed change will not result in substantially inequitable sharing of resources and liabilities (5) best interests of the city, county, state, and people therein and (6) best interests of the state in promoting a strong and viable unit of local government

Question 9

Define Dillon’s Rule

Answer 9

Localities have no inherent power. All power must be (1) expressly granted by statute or charter (2) necessarily or fairly implied from those expressly granted powers (3) essential or indispensable to the locality’s declared objectives and purposes. Any reasonable doubt concerning the existence of power is resolved against the local government

Question 10

Can powers be delegated?

Answer 10

Powers delegated may only be re-delegated if they contain fixed and readily ascertainable standards when noting is left to the discretion of the person or body charged with the power beyond reasonable discretion in administration of those standards

Question 11

Define police power

Answer 11

All necessary power and authority to secure and promote the general welfare of the inhabitants of the municipality and the safety, health, peace, good order, comfort, convenience, morals, trade, commerce, and industry of the municipality and the inhabitants thereof

Question 12

Enactment of ordinances

Answer 12

Simply majority vote of the governing body who are present at a lawful meeting

Question 13

Procedure for issuance of bonds

Answer 13

Notice in the local newspaper and the notice must (1) state the estimated maximum amount of the bonds proposed to be issued (2) state the proposed use of the bond proceeds and (3) specify the time and place of the hearing

Question 14

What is the limitation on debts

Answer 14

No municipality may issue any bonds or other interest bearing indebtedness whihc, including existing indebtedness, at any time exceeds 10% of the assessed valuation of the real estate in the municipality subject to taxation, as shown by the last preceding assessment for taxes

Question 15

Can local governments tax

Answer 15

Local government cannot impose income tax. They may tax property, persons, and other subjects. Property taxes must be uniform in the jurisdiction.

Question 16

Burden of proof in attacking zoning

Answer 16

The party attacking the validity of a zoning decision has the burden of establishing that the decision is not reasonable. A decision is reasonable if the matter under consideration is fairly debatable, meaning that objective and reasonable persons could come to different conclusions after reviewing the evidence offered in support of opposing views.

Question 17

What powers does the BZA have

Answer 17

(1) hear and decide appeals from any order/requirement/decision/determination made by an administrative office; (2) authorize variances; (3) hear and decide appeals decisions made by the zoning administration; (4) hear and decide applications for interpretation of the district map determining a local boundary; (5) hear and decide application for special exceptions

Question 18

When must a zoning decision be appealed

Answer 18

Within 30 days

Question 19

How long does the BZA have to respond

Answer 19

21 days

Question 20

What are the requirements for a variance

Answer 20

(1) strict enforcement of the zoning ordinance would result in undue hardship not shared by other landowners and (2) granting of a variance would not be substantially detrimental to other property

Question 21

When do development rights vest

Answer 21

(1) obtains or is the beneficiary of a significant affirmative governmental act (2) relies in good faith on that act and (3) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on that affirmative act

Question 22

Define public use

Answer 22

(1) the public interest dominates the private gain and (2) the primary purpose is not private financial gain, private benefit, an increase in tax bases or tax revenues, an increase in employment, or economic development

Question 23

Define blighted property

Answer 23

Any property that endangers the public health or safety in its condition at the time of the filing of the petition for condemnation and is a public nuisance or a structure that is beyond repair or unfit for human occupancy/use

Question 24

When is condemnation available

Answer 24

After the government has made a good faith effort to purchase the property for fair value