Local Govt Law Flashcards
What percentage of the qualified voters of any territory adjacent to a city or town may petition the circuit court to be annexed to the city or town?
51%
TRUE or FALSE: A municipal corporation may not acquire land for public purpose under the power of eminent domain if the land will be turned into a “business park” for private companies in order to create jobs and add to tax revenue for the local government
True
Under the current statute, increasing jobs or increasing taxes are not permissible “public uses” of land sufficient to allow condemnation. Use by the government for offices,
a library, or jail, or public services would qualify. [See Va. Code Ann. §1-219.1—“Limita-tions on eminent domain”]
In Virginia, no city, county, or town may issue general obligation bonds or any other interest-bearing obligations that exceed ________% of the assessed valuation of the real estate subject to taxation, including existing indebtedness, as shown by the preceding assessment roll for taxes
10%
Which of the following is not a requirement for an ordinance to be deemed validly adopted by a Virginia locality:
Notice by service of summons to all affected individuals
Notice by service of summons to all affected individuals is not a requirement. The requirements for an ordinance to be deemed valid are: (1) there was a prior published notice about the proposed ordinance, worded to alert the residents who will be affected; (2) the governing body adopted it by a majority vote of the governing body at public (not closed or “executive session”) meeting; and (3) the ordinance is reasonably certain in application (not vague). [Va. Code Ann. §15.2-1427—“Adoption of ordinances and resolu-tions generally; amending or repealing ordinances”; Tinsley v. City of Richmond, 202 Va. 707 (1961)]
TRUE or FALSE: In Virginia, even though there is binding state law on a topic, a locality can adopt its own ordinance further regulating the same subject matter, so long as citizens could comply with both state and local requirements
True
A landowner who claims that a zoning limitation should not be strictly applied to her parcel of land may seek from the Board of Zoning Appeals by showing ___________________, and ___________________
A landowner who claims that a zoning limitation should not be strictly applied to her parcel of land may seek a variance by showing that strict application of the zoning restriction to her parcel would unreasonably restrict the use of the property, or that granting the variance would alleviate a hardship
(1) due to a physical condition relating to property or improvements thereon at the time of the effective date of the ordinance or
(2) by granting a reasonable modification to a property or improvements on the request of a person with a disability
Evidence must show:
(i) the property interest was acquired in good faith and any hardship was not created by the applicant; (ii) granting the variance will not be of substantial detriment to adjacent and nearby property;
(iii) the condition of the property is not of so general or recurring a nature as to permit instead the formulation of a general regulation to be adopted as an amendment to the ordinance;
(iv) granting the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification; and
(v) the relief or remedy sought by the variance application is not available through a special exception process or the process for modification
TRUE or FALSE: A landowner’s established use of his property, which was permitted when it was begun, can continue even after adoption of an ordinance that makes that particular use illegal or “nonconforming.”
True
Which of the following is not a factor for determining whether an ordinary worker for a local government can get the benefit of sovereign immunity from suits for negligence:
True
Nonconforming uses that were legal when started can be continued (they are “grandfathered”) so long as the landowner does not expand or change the character of
the use and does not abandon the use for a period of years. [Va. Code Ann. §15.2-2307—“Vested rights not impaired; nonconforming uses”]
