Local Govt Flashcards
To prevail on a claim for inverse condemnation, P must establish that:
(i) the property owner has some private property right,
(ii) the property or a right connected to that property has been taken or damaged by the government, (governmental action adversely affects the landowner’s ability to exercise a right connected to the property.)
(iii) the taking or damaging was for public use, and,
(iv) The government failed to pay just compensation.
Sovereign immunity does not apply to inverse condemnation.
Must be private property, not available between two government bodies. [J22]
The Code of Virginia specifically provides localities with immunity from ___ negligence in the operation of various facilities including ___.
Simple; parks, playgrounds, and recreational facilities. [J22]
Every claim against a county, city, or town for negligence shall be forever barred unless the claimant has…
…filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued.
The fact that City officials were generally aware of the incident does not provide an exception to the notice requirement. However, failure to provide such statement shall not bar a claim against any county, city, or town, provided that the attorney, chief executive, or mayor of such locality, . . . had actual knowledge of the claim, which includes the nature of the claim and the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued.
Does not apply to non-negligence claims like inverse condemnation. [J22]
A VFOIA request may only be made by…
…a Virginia citizen or a media outlet in Virginia. [J17]
A municipality must have ___ of a defect on public property in time to have it remedied before…
actual or constructive notice.
…liability attaches.
A municipality has constructive notice of a defect in a public way adjoining a street when the defect has existed for such a period of time that the defect could have been discovered by the exercise of ordinary care.
No liability if open and obvious defects.
Municipalities have no sovereign immunity to ___ functions.
Proprietary (as opposed to governmental).
A function is governmental if it
is the exercise of an entity’s political, discretionary, or legislative authority. If the function is a ministerial act and involves no discretion, it is proprietary.
Dillon’s Rule
localities have only those powers that are:
(i) expressly granted by the General Assembly;
(ii) necessarily or fairly implied or incident to powers that are expressly granted; and,
(iii) essential and indispensable, not simply convenient.
If there is any doubt as to whether or not a local government has been given a specific power by the General Assembly, under the Dillon Rule, the local government does not have the power in question.
Under the reasonable selection method rule when a statutory grant of power has been given, but is silent as to the manner of its execution, a governing body has reasonable discretion in the manner of that execution. [F20]
Is non-public approval of a contract by a local governing body a valid action by a local public body under Virginia law?
No. The contract is ultra vires and invalid.
Under the Virginia Freedom of Information Act (“VFOIA”), a contract must be voted on in a properly called and noticed, open, public meeting by recorded vote. [F20]
Unless expressly provided by this chapter, no public body shall vote by telephone or other electronic communication means. [F16]
Under the VFOIA, all ___ involving the transaction of ___ shall be open to inspection and copying by any citizen of Virginia, unless…
Public records: public business.
…a specific exemption from disclosure applies. Exemptions must be narrowly construed in accordance with the VFOIA’s purpose of openness in government.
Must be a public body. [F20]
Counties enjoy ___ immunity from tort liability.
Absolute. [J21]
Factors to determine whether an employee is covered by sovereign immunity:
(1) the nature of the function the employee performs, (2) the extent of the governmental entity’s interest and involvement in the function, (3) the degree of control and direction exercised by the governmental entity over the employee, and (4) whether the alleged wrongful act involved the exercise of judgment and discretion.
The court also considers whether plaintiff is asserting a claim of negligence as compared to gross negligence or intentional conduct. [J21]
The Virginia Freedom of Information Act requires…
…that public bodies shall: (a) have all meetings open to the public, unless a specific exemption for a closed meeting applies; (b) give notice of the date, time, and location of its meetings by posting on its website, posting area, and at the office of the clerk or chief administrator; (c) allow their meetings to be filmed; and, (d) shall keep proper minutes of their meetings.
“meeting” means an informal assemblage of (i) as many as three members or (ii) a quorum, if less than three, of the constituent membership of any public body. [F21]
VFOIA requires that unless otherwise required by law or subject to a specific exemption under the Act, all ___ shall be…
public records
…open to citizens of the Commonwealth and representatives of newspapers and magazines with circulation in the Commonwealth.
This section also requires that a public body make 1 of 5 responses in writing to a request for records within 5 working days of the request. [F21]
The Virginia Code provides that a locality may permit the temporary use of public rights-of-way for
…other than public purposes and close the rights-of-way for public use and travel during temporary use. [F21]
The Virginia Code provides that unless otherwise specifically provided for by the (Virginia) Constitution or by other general or specific law, an ordinance may be adopted by…
…a majority of those present and voting at any lawful meeting. [F21]
The mayor ___ have veto power.
Does not. [F21]
No rights of a city or town in and to its waterfront, wharf property, public landings, wharves, docks, streets, avenues, parks, bridges, or other public places, or its gas, water, or electric works shall be sold except by an ordinance passed by a recorded affirmative vote of…
…three-fourths of all the members elected to the council. [F21]
