VA LGL Essays Rule Statements Flashcards
The notice requirement provides that
no action may be maintained against a municipality unless a written statement by the claimant, his agent, attorney, or representative of the nature of the claim and of the time and place at which the injury is alleged to have occurred or been received is filed with the city attorney, town attorney, mayor, or chief executive within 6 months after such cause of action shall have accrued
if it qualifies as a recreational facility, the city can only be held liable for:
gross negligence in its operation
the former notice statute has been replaced with one that provides that
compliance with its terms is “mandatory” and to be “strictly construed,” however, prior case law has not been expressly overruled
A city is immune from liability for
torts arising from the exercise of it’s governmental functions, or combination of governmental and proprietary functions
planning, designing, and constructing streets is a ____ function
governmental
responding to an emergency is a ____ function
governmental
maintaining existing streets is a _____ function
proprietary
the power to borrow money is/is not inherently available to a local government
is not, power must be delegated to it by the state legislature or the constitution
no city may issue general obligation bonds that exceed
10% of the asserted valuation of the real estate subject to taxation
a municipality may exercise the power of eminent domain and begin condemnation proceedings only when
1) there is a public need for the property, which must be declared in a written statement that explains the factual basis for the condemnation offer, and
2) the municipality, having made a good faith offer to purchase the property, cannot agree with the owner as to the compensation to be paid; or the owner is incapacitated, a nonresident, unknown, or cannot convey good title.
the condemnation statute bars the exercise of eminent domain to
raise taxes, improve the local economy, or create jobs
condemnation is expressly limited to situations in which
1) the property is to be occupied by the government or the public
2) for a public facility or a public service corporation,
3) for a public utility, or
4) to eliminate dangerous “blighted” areas that endanger public safety
municipal corporations such as cities derive their power to tax only through
positive grants of authority from the general assembly
condemnation proceedings are initiated in
the circuit court where the property is located
the measure of compensation for property taken under eminent domain is
fair market value at the time of taking
Fair market value is determined on the basis of
the highest and best use of the property, giving consideration to the property’s suitability for any legitimate purpose in light of the conditions that exist at the time of the taking or that reasonably may be expected in the near future, but not prospective or speculative value
evidence of necessary adjustment costs or increased development costs are
relevant as a factor of evaluation in determining the market value of the property
in the case of a partial taking, the measure of damages to the residue of the property not taken is
the difference in the fair market value immediately before and after the taking. Consideration may be given to every circumstance, present or future, that affects the value
trespass
physical invasion of land that interfered with exclusive possession of property, intentionally invaded or had a foreseeable duty to prevent the invasion and didn’t. Legitimate damages
private nuisance
substantial, unreasonable interference with use or enjoyment of land, offensive or irritating to average person in the community, intereference caused outweigh benefit or utility of other’s actions
permanent injunction
1) property infringed upon
2) no adquate legal remedy
3) injunction is practicable and effective
4) balance of hardship favors plaintiff
5) no equitable defenses
Declaratory relief for inverse condemnation will not lie unless
there has been a physical invasion or a total deprivation of the value of the property
no action shall be maintained by any person against a county upon any claim or demand until
such person has presented his claim to the governing body of the county
presentment only applies to
monetary claims, not injunctive or declaratory relief
county has complete and total immunity from ____ however, when there is property damage involved
liability in tort, however, when there is property damage involved a claimant may proceed on a theory of implied contract to seek payment for damages. County cannot damage private property for public use
the operation of a water works to supply all residents with proper water is a ____ function
proprietary
the filing for a motion for judgment or other institution of suit will/will not satisfy the notice requirement
will not
the only exception to notice requirement is
when injury prevents the claimant from delivering notice
an employee may be shielded from claims of ordinary negligence when
the governmental entity she works for is immune.
Higher level employee: automatic
Lower level employee: 1) the nature of the function being performed by the employee, 2) the extent of the government entity’s interest and involvement in the function, 3) the degree of control and direction exercised by governmental entity over the employee, and 4) whether it involved exercise of judgment and discretion by the employee.
if the employee is not exercising judgment and discretion
the action will be simply ministerial, and immunity in tort will not exist
gross negligence standard
“willful and wanton disregard,” can sue employee for this even if immunity through employer
Dillon’s Rule
a locality has only those powers expressly granted by the state legislature, those powers fairly or necessarily implied from expressly granted powers, and those powers that are essential and indispensable to the declared purposes for creating the locality
if a county acts outside of its powers,
it commits an ultra vires act and violates Dillon’s Rule
Under FOIA
citizens are entitled to review and inspect the records of a public body, with certain exemptions, on request
no action taken by a public body is valid unless
the vote is in open session, unless an exemption applies
exemptions for requirement that public body makes vote in open session
employment applications and personnel decisions, disposition of publicly held property
to obtain a preliminary injunction, must demonstrate
1) clear showing that he will likely succeed on the merits
2) clear showing he is likely to be irreparably harmed absent preliminary relief,
3) in public interest
4) balance of equities tips in plaintiff’s favor
Is the court bound by Council’s determination that taking is for a proper public purpose
no, action at law. Judicial question reviewable by the courts. Court must determine whether the presumed public use qualifies as a public use
under Virginia law,
no more property may be taken than the amount actually necessary to achieve the public purpose
except where property is taken for use by a utility company or railroad right-of-way, or for a public water, sewer or transportation project:
1) public interest must predominate over any private gain,
2) the primary purpose cannot be private financial gain or to aid private enterprise or create private benefit
3) not for taxes, economic benefit, or create jobs
The fifth amendment provides that private property
may not be taken for public use without just compensation, rule applied to states by Fourteenth Amendment
is the court bound by the City’s determination of FMV of land it is taking
no, if owner makes timely election, jury will determine issue of just compensation. If not, may be determined by court 1) on agreement of the petitioner and all parties involved, or 2) on motion of the petitioner if no owner on proper notice has appeared or responded.
