Types of Local Entities

Question 1

What are counties in VA and what are their key characteristics?

Answer 1

Counties comprise unincorporated areas of the state and have enumerated authority by law. They are governed by the county board directly unless adopting a different form (e.g., Urban County Executive form or County Manager Plan).

Counties are not liable for personal injuries caused by negligence of their officers, agents, or employees.

Question 2

What defines a city in VA?

Answer 2

Cities are independent incorporated communities with 5,000+ citizens. They are independent of the county in which they are located.

Question 3

What defines a town in VA?

Answer 3

Towns are incorporated communities within one or more counties with 1,000+ citizens. They share governmental functions and services with the county and are not independent.

Question 4

What are service authorities in VA?

Answer 4

Service authorities are entities created to perform specific public functions, such as water/sewer sanitation, public housing, toll roads, or education.

Question 5

2 ways local entities can be created in VA?

Answer 5

Local entities are created via:

Local government charters (granted/amended by the General Assembly, requiring a public hearing/election).

Judicial proceedings (petition signed by 100 voters submitted to the circuit court for incorporation as a town).

Question 6

What is required for annexation in Virginia?

Answer 6

Annexation alters boundaries of cities/towns via strict statutory procedures:

1. Local approval by ordinance with 51% approval of qualified voters or landowners.
2. Proper notice to the Commission on Local Government and contiguous governments.
3. Review by a three-judge court, considering interests of the locality, people, and state.

Question 7

What does the court review in considering annexation?

Answer 7

Court will review: best interests of the people of the locality; services to be
rendered and needs of the area proposed to be annexed; best interests of people in
the remaining portion to be annexed; best interests of the people in the remaining
portion of the county; best interests of the state in promoting strong and viable
units of government

Question 8

What is immunity from annexation, and how is it established?

Answer 8

Counties or towns with a population of 20,000+ (300 persons/sq mile) or 50,000+ (140 persons/sq mile) may be immune.

Partial immunity exists if portions of the county provide urban services like zoning or sewage treatment.

Question 9

What conditions must be met for corporate contraction? (making the city or town smaller)

Answer 9

Courts confirm contraction if:

1. No statutorily determined debt remains.
2. Less than 75% of landowners oppose.
3. No substantial property damage occurs.
4. It is in the best interest of the city/town.

Question 10

What requirements must be met for a town to become a city?

Answer 10

A court will grant the change if:

1. The town has 5,000+ population.
2. The town can function as an independent city providing urban services (e.g., schools).
3. The change does not impair the county’s ability to meet service needs.
4. It is in the best interests of the parties and the state.

Question 11

What requirements must be met for a city to revert to town status?

Answer 11

A court will grant the change if:

1. Population is less than 50,000.
2. The adjoining county is made a party to the proceeding.
3. Service needs of the county population are not impaired.
4. Resources/liabilities are shared equitably.
5. The change promotes viable governance and is in the best interest of the city, county, and state.