Themis Essay 3411

Question 1

Virginia law delegates to municipal corporations the “police power” to

Answer 1

limit, regulate, or prohibit personal and commercial activity without compensation, in order to promote public health, safety, and the general welfare.

Question 2

Courts will not interfere with a municipal government’s use of the police power unless

Answer 2

it is shown to be unreasonable or arbitrary.

Question 3

A valid city ordinance must contain language that is

Answer 3

clear, certain, and definite so that an average person may, after reading with due care, understand whether he will incur a penalty for his action or inaction.

Question 4

A taking under the power of eminent domain occurs when the government

Answer 4

takes title to land, physically invades land, or severely restricts the use of land.

Question 5

The abatement of a public nuisance does not constitute

Answer 5

a taking for public use for which compensation must be paid.

Question 6

Municipal governments are immune to

Answer 6

tort liability when performing public, governmental functions.

Question 7

Local governments are authorized by statute to

Answer 7

condemn private land for public use through the power of eminent domain.

Question 8

A government body can acquire title to property, such as land, buildings, and structures, through

Answer 8

condemnation by eminent domain.

Question 9

The acquisition of property through condemnation can be for an authorized public undertaking and may be used if

Answer 9

terms of purchase cannot be agreed upon.

Question 10

Eminent domain authority must be used for “public use,” which includes taking property for

Answer 10

(i) the possession, ownership, occupation, and enjoyment by the public or a public corporation, or (ii) construction, maintenance, or operation of public facilities by a public corporation.

Question 11

The Virginia Constitution provides that a taking is not for public use unless

Answer 11

the public interest dominates the private gain and its primary purpose is not for the private financial gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development.

Question 12

A local government may not institute a condemnation proceeding until it has first

Answer 12

made a bona fide effort to purchase from the owner the property sought to be condemned.

Question 13

Condemnation proceedings must be brought in the

Answer 13

circuit court of the county or city where the subject property to be condemned is located.

Question 14

In a condemnation proceeding, the court will

Answer 14

determine the fair market value of the condemned property.

Question 15

Private property may not be condemned without

Answer 15

just compensation.

Question 16

The measure of compensation for taken property is the

Answer 16

fair market value at the time of the taking, including profits.

Question 17

The determination of lost profits from a taken property must be certain and is limited

Answer 17

to the net income of the three years prior to the valuation date.

Question 18

To recover lost profits, the owner of a taken property cannot

Answer 18

have reasonably prevented the loss by relocating the business.