Multiple Choice Q's 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
In Virginia, no city, county, or town may issue general obligation bonds or any other interest-bearing obligations that exceed
10% of the assessed valuation of the real estate subject to taxation, including indebtedness, as shown by the preceding assessment roll for taxes
Requirements for ordinance to be deemed validly adopted by a Virginia locality
1) prior published notice about proposed ordinance
2) an adoption by majority vote of the governing body in an open meeting
3) Reasonably certain in application, not vague
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 of Appeals by showing:
a variance, the 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 on the request of a person with a disability, or 2) by granting a reasonable modification to a property or improvements on the request of a person with a disability. Evidence must show 1) property interest was acquired in good faith, 2) will not be to deteriment of adjacent property, 3) not so general or recurring to permit general regulation to be adopted as amendment, 4) will not result in use that is otherwise not permitted, 5) not available through 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, grandfathered so long as not expanded or changed or abandoned
Factors for whether an ordinary work for local government can get sovereign immunity
1) Governmental nature of activity
2) Amount of discretion the worker was required to exercise in completing her duties
3) whether the local government has prescribed the means for doing the activity
4) important to local government