VA LGL Essays Rule Statements

Question 1

The notice requirement provides that

Answer 1

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

Question 2

if it qualifies as a recreational facility, the city can only be held liable for:

Answer 2

gross negligence in its operation

Question 3

the former notice statute has been replaced with one that provides that

Answer 3

compliance with its terms is “mandatory” and to be “strictly construed,” however, prior case law has not been expressly overruled

Question 4

A city is immune from liability for

Answer 4

torts arising from the exercise of it’s governmental functions, or combination of governmental and proprietary functions

Question 5

planning, designing, and constructing streets is a ____ function

Answer 5

governmental

Question 6

responding to an emergency is a ____ function

Answer 6

governmental

Question 7

maintaining existing streets is a _____ function

Answer 7

proprietary

Question 8

the power to borrow money is/is not inherently available to a local government

Answer 8

is not, power must be delegated to it by the state legislature or the constitution

Question 9

no city may issue general obligation bonds that exceed

Answer 9

10% of the asserted valuation of the real estate subject to taxation

Question 10

a municipality may exercise the power of eminent domain and begin condemnation proceedings only when

Answer 10

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.

Question 11

the condemnation statute bars the exercise of eminent domain to

Answer 11

raise taxes, improve the local economy, or create jobs

Question 12

condemnation is expressly limited to situations in which

Answer 12

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

Question 13

municipal corporations such as cities derive their power to tax only through

Answer 13

positive grants of authority from the general assembly

Question 14

condemnation proceedings are initiated in

Answer 14

the circuit court where the property is located

Question 15

the measure of compensation for property taken under eminent domain is

Answer 15

fair market value at the time of taking

Question 16

Fair market value is determined on the basis of

Answer 16

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

Question 17

evidence of necessary adjustment costs or increased development costs are

Answer 17

relevant as a factor of evaluation in determining the market value of the property

Question 18

in the case of a partial taking, the measure of damages to the residue of the property not taken is

Answer 18

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

Question 19

trespass

Answer 19

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

Question 20

private nuisance

Answer 20

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

Question 21

permanent injunction

Answer 21

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

Question 22

Declaratory relief for inverse condemnation will not lie unless

Answer 22

there has been a physical invasion or a total deprivation of the value of the property

Question 23

no action shall be maintained by any person against a county upon any claim or demand until

Answer 23

such person has presented his claim to the governing body of the county

Question 24

presentment only applies to

Answer 24

monetary claims, not injunctive or declaratory relief

Question 25

county has complete and total immunity from ____ however, when there is property damage involved

Answer 25

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

Question 26

the operation of a water works to supply all residents with proper water is a ____ function

Answer 26

proprietary

Question 27

the filing for a motion for judgment or other institution of suit will/will not satisfy the notice requirement

Answer 27

will not

Question 28

the only exception to notice requirement is

Answer 28

when injury prevents the claimant from delivering notice

Question 29

an employee may be shielded from claims of ordinary negligence when

Answer 29

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.

Question 30

if the employee is not exercising judgment and discretion

Answer 30

the action will be simply ministerial, and immunity in tort will not exist

Question 31

gross negligence standard

Answer 31

“willful and wanton disregard,” can sue employee for this even if immunity through employer

Question 32

Dillon’s Rule

Answer 32

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

Question 33

if a county acts outside of its powers,

Answer 33

it commits an ultra vires act and violates Dillon’s Rule

Question 34

Under FOIA

Answer 34

citizens are entitled to review and inspect the records of a public body, with certain exemptions, on request

Question 35

no action taken by a public body is valid unless

Answer 35

the vote is in open session, unless an exemption applies

Question 36

exemptions for requirement that public body makes vote in open session

Answer 36

employment applications and personnel decisions, disposition of publicly held property

Question 37

to obtain a preliminary injunction, must demonstrate

Answer 37

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

Question 38

Is the court bound by Council’s determination that taking is for a proper public purpose

Answer 38

no, action at law. Judicial question reviewable by the courts. Court must determine whether the presumed public use qualifies as a public use

Question 39

under Virginia law,

Answer 39

no more property may be taken than the amount actually necessary to achieve the public purpose

Question 40

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:

Answer 40

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

Question 41

The fifth amendment provides that private property

Answer 41

may not be taken for public use without just compensation, rule applied to states by Fourteenth Amendment

Question 42

is the court bound by the City’s determination of FMV of land it is taking

Answer 42

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.