Local Government Law Flashcards
What are counties?
Unincorporated areas of the state; exist as an arm of state government
What are cities?
Defined as any independent incorporated community with either 5,000 or more citizens or became a city prior to July 1, 1971
What are towns?
Defined as any incorporated community within one or more counties that has a population of 1,000 or more citizens or became a town prior to July 1, 1971; not independent of counties
Can charters be challenged in court?
No
How can cities and town annex county land?
1) Pass an ordinance to petition circuit court for that county 2) Notify the Commission on Local Government, as well as other interested governments; the Commission will hold hearings and file a report within 6 months 3) A three-judge court will review the report and consider a number of factors: (i) best interests of groups affected; (ii) services to be provided; (iii) best interests of state
When are counties and town immune from annexation?
Can petition circuit court for total/partial immunity if they have either: 1) A total population of at least 20k and a population density of 300 per square mile 2) A total population of at least 50k and a population density of 149 per square mile * County can petition for partial immunity for portions of county that are providing urban services
How do counties annex territories in cities or towns?
1) Secure approval in 51% of qualified voters in county 2) Secure approval of town or city, which has the authority to reject the petition 3) If petition is not rejected, the same process as for cities and towns
How does a town become a city?
Must petition circuit court after local ordinance; special ct. appointed to decide: 1) Town has minimum population of 5k 2) Town can provide urban-type services & school services 3) Change will not impair the ability of county to meet the needs of the remaining population 4) Change is in the best interests of the parties & the state
How does a city become a town?
1) City population is less than 50k 2) Adjoining county or counties are defendants in proceedings 3) Change will not impair the ability of the county to meet service needs of its population 4) Change will not lead to a substantially inequitable sharing of resources or liabilities of the new town and the county 5) Proposed change is in the best interests of the city, county, state, and the people of the city and county 6) Proposed change is within the best interests of the state in promoting strong and viable units of government
VA Freedom of Information Act
Allows the public to inspect public records; pending lawsuit not required
Dillion’s rule
Local governments can only exercise power that is expressly given or necessarily implied by expressly given powers. Any reasonable doubt concerning the existence of power is resolved against the local government, and power is denied.
Re-delegation of powers
Any delegation must have fixed and readily ascertainable standards, and leave no more discretion than necessary
Is a local ordinance deemed inconsistent if it can stand together with state law?
No; courts are obligated to harmonize the ordinance and state law
Powers granted in charters
1) Pass laws 2) Raise taxes 3) Spend and borrow money 4) Take property
Do counties have police power?
Unlike cities and towns, counties generally lack this power unless granted to it by a specific statute
Three requirements of local ordinances
1) Notice: information regarding content and place to voice concerns 2) Clarity: must be clear, certain & definite 3) Majority vote: simple majority vote at public hearing
Standard for invalidating ordinances
Clear and convincing proof that ordinance is not even debatably valid
Up to how much can municipalities borrow?
Up to 10% of the assessed value of taxable real estate in the municipality
Exceptions to limit of borrowing
1) Short-term bonds 2) Bonds for specific purposes resulting in revenue 3) Authorized contract obligations
How often must zoning comprehensive plans be reviewed?
Every 5 years
Challenges to zoning laws
1) Enforced by zoning administrator 2) Appealed to Board of Zoning Appeals (notice of appeal filed within 30 days) 3) Appealed to Circuit Court (petition for review filed within 30 days)
Standard of review of BZA decisions
Presumed correct unless plainly wrong
What are variances?
Exceptions to zoning ordinances that allow otherwise impermissible land uses; granted by BZA
When are variances granted?
If landowner shows undue hardship and that granting variance would not be substantially detrimental to other property
When are special use permits granted?
Uses permitted only conditionally, rather than by right, e.g., airports or certain industrial activities; granted by BZA (if delegated the power)
How can developers seek review of a disapproved subdivision plat?
May appeal to circuit court within 60 days and must show that decision was not based on the subdivision ordinance or was arbitrary and capricious
Building permits mistakenly granted in violation of an ordinance are ___________
legally void
When does the right to develop property vest?
1) Owner is a beneficiary of a significant affirmative governmental act 2) Owner has relied in good faith on that act 3) Owner has incurred substantial obligation or expenses in pursuit of development right
Procedure for condemning property
1) Local govt must make a bona fide offer to purchase land, unless owner is unable to confer legal title 2) If offer is rejected (or not required), local government must file a petition in court
What must a petition for condemnation include?
1) Describe property to be taken 2) Describe estate, interest, or rights to be taken 3) Identify authority for taking 4) Identify necessity for work & improvements to be made 5) Identify public use or uses for which property is to be taken
Can a city or town sell their rights to public places and to their water or electric works?
Yes, but only if they first obtain 3/4 vote in favor by the governing body (not required for counties)
How long can a municipality lease us of public property?
No longer than 40 years, except for air rights (60 years)
Can you sue a county in tort?
No
Can you sue a county for damages to property?
Not under a tort theory, but can sue under implied contract to pay for damaged property
When can cities and towns be held liable for torts?
When performing proprietary functions but not performing governmental functions (sovereign immunity)
Examples of governmental functions
1) Police and fire protection 2) Operating a hospital or public education facility 3) Garbage collection
Examples of proprietary functions
1) Maintaining public ways 2) Providing utilities 3) Maintaining recreational facilities 4) Operating housing authorities
When action involves both governmental and proprietary functions, how is it classified?
Governmental
Four factors for determining when are governmental employees immune from tort liability
1) Must be a vitally important function 2) Extent of government’s interest & involvement in function 3) Degree of control exercised over employee 4) Whether act involves exercise of discretion by employeee
When are governmental employees not immune from tort liability?
When they engage in wanton or grossly negligent behavior, or act outside their scope of employment
When are local governments held liable for the actions of their employees?
1) Counties: never 2) Municipalities: only when employee is performing a proprietary function, municipality has authority to control the agent’s actions, and the agent was acting within the scope of employment
When do individuals serving on governing bodies having immunity?
1) Negligent exercise or failure to exercise discretion: Yes 2) Unauthorized misappropriation of funds, intentional to willful misconduct, or gross negligence: No
Are municipalities liable when there is a slight defect in municipality property?
No, if a reasonable person would conclude that the defect would not injure a person exercising reasonable care
To prevent a tort claim from being barred, what must the claimant do?
File a written statement with the proper designated officer within 6 months after the cause of action accrues, including the time and place at which the injury occurred
