Short Answer Questions 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.
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, excluding existing indebtedness, as shown by the preceding assessment rolls for taxes.
10%
The requirements for an ordinance to be deemed validly adopted by a Virginia locality are:
(i) there was a prior published notice about the proposed ordinance, worded to alert the residents who will be affected;
(ii) the governing body adopted it by a majority vote of the governing body at public meeting (not closed or “executive session); and
(iii) the ordinance is 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 Appeals (BZA) by showing ___________________________; and ____________________________.
- a variance
- 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 due to a physical condition on the property that existed when the ordinance was made
- [and] that granting the variance will not be detrimental to neighboring properties
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!
Nonconforming uses that were legal when started can be continued (“grandfathered” in) 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.
The test for whether an ordinary worker for a local government can get the benefit of sovereign immunity from suits for negligence looks at the following factors:
(i) the governmental nature of the activity the worker was engaged in;
(ii) whether it is important to the local government that the activity be conducted in a particular fashion;
(iii) whether the local government has prescribed means for doing this activity; and
(iv) whether the worker was required to exercise discretion or judgment in completing her duties
