Local Government (VA) Flashcards
Dillons’ Rule
A VA Locality has no powers other than those expressly provided by the VA code or its legislatively-enacted charter, unless otherwise necessary to carry out an express power or indispensable to the purpose for which the locality was created.
A locality may chose the method for exercising the express power so long as it is not unreasonable.
What are VA cites police powers limited to?
Strictly limited to actions for health, safety, welfare, and morals of the citizens.
What can a city or town be liable for?
its negligence (the negligent acts or omissions of its employees) for proprietary functions.
It retains sovereign immunity for governmental functions.
What are governmental functions?
Those considered inherent in the legislative and executive powers of the government.
Ex. Police forces, fire departments, public educational facilities, garbage removal service, emergency response, hospitals, jails, design of roads, maintenance of traffic lights.
What are proprietary functions
Those not within the inherent nature of the government and are usually ministerial tasks like maintenance and operation duties.
ex. Road maintenance
provision of public water, sewage, storm drainage, gas and municipal electric power, and housing authority
What is the notice requirement for local government law?
No action may be maintained against a municipality unless a written statement by the claimant, his agent, attorney, or representative of the nature of the claim and of the time and place at which the injury is alleged to have occurred or been received is filed with the city attorney or town attorney, or within the mayor, or chief executive, within six months after such cause of actions shall have occurred.
The injured party must give detailed notice of the time , place, and nature of the accident to a city official within six months of the accident.
When can local governments be liable for injuries that occur at recreational facilities?
When they have acted grossly negligent.
What are the two approaches a court may take regarding the oral delivery of notice of injury?
Daniel case - oral reports do not sufficiently comply with notice requirement.
Heller Case - a city employee may act in a dual capacity to the extent of giving routine mechanical assistance to those desiring to file a tort claim against the city.
What has the general assembly replaced the former tort injury notice statute with?
compliance with the terms of the statue are mandatory and must be strictly construed.
What is a defense to the new notice statute for tort injuries that was put in place by the general assemble?
Prior case law has not been expressly overruled.
What is the doctrine of sovereign immunity?
a city is immune from liability for torts arising from the exercise of its governmental functions, or combination of governmental and proprietary functions.
Does a city have power to borrow money?
Not inherently.
Therefore the power must be delegated to it by the state legislature or the constitution.
No city may borrow money that exceeds 10% of the assessed valuation of the real estate subject to taxation.
When may a city exercise eminent domain and condemnation?
Only when (i) there is a public need for the property, which must be declared in a written statement that explains the factual basis for the condemnation offer; and (ii) the municipality, having made a good faith offer to purchase the property, cannot agree with the owner as to the compensation to be paid; or the owner is incapacitated, a nonresident, unknown, or cannot convey good title.
for what purposes may eminent domain of property be barred under the VA statute?
for the purpose of raising taxes
improving the local economy, and creating jobs.
In what situations is condemnation expressly limited to?
property is to be occupied by the government or the public, for a public facility or a public service corporation, for public utility, or to eliminate dangerous areas that endanger public safety.
