VA Local Government Flashcards
What is a taking in VA local gov’t and is abating a nuisance a taking?
A taking under the power of eminent domain occurs when the government takes title to land, physically invades land, or severely restricts the use of land. The abatement of a public nuisance does not constitute a taking for public use for which compensation must be paid.
VA—how long do you have to make a tort claim against a municipality?
Tort claims against municipalities will be barred unless the claimant has filed a written statement of the nature of the claim within six months after the cause of action accrued.
Give examples of governmental functions in VA (HAVE sovereign immunity)
(exercise of gov’t’s discretionary, legislative, or political power)
Plan or design of sewer system or other such municipal
service.
* Plan and design of a sidewalk.
* Provision of emergency snow removal services.
* Planning, designing, laying out of streets and roads.
* Provision of ambulance services.
* Regulation of traffic, such as through traffic signals.
* Provision of emergency cleanup services.
* Provision of garbage collection services.
* Maintaining a police force. (sovereign immunity of
municipality applies even for intentional tort
committed by an employee in performance of a
governmental function).
* Provision of nursing services.
* By statute, Va. Code § 32.1-111.4:3, sovereign
immunity applies to a government contractor, such as
volunteer fire and rescue companies, who contracts
with a county, city, or town to provide for emergency
medical services.
Give examples of proprietary functions on VA gov’t (NOT protected by sovereign immunity):
(ministerial act involving no discretion)
Routine maintenance or operation of a municipal
service, such as sewer system.
* Maintenance of sidewalks.
* Routine maintenance of existing
* Faulty maintenance or street construction.
Is a county employee liable for negligence while county employee was doing a ministerial task? (i.e. sheriff is driving to serve a summons)
Probably! Sovereign immunity may extend to government officers and employees who are negligent in performing a governmental function. There are four factors that a court consider in determining whether a government officer or employee is entitled to immunity: (i) the nature of the function, (ii) the extent of the government’s interest and involvement in the function, (iii) the degree of control the government exercises over the employee, and (iv) whether the act involved the discretion of the employee. Immunity does not apply to the performance of duties that do not involve judgment or discretion in their performance.
If the local gov’t gets money for a service, is it probably a governmental function or proprietary function?
Proprietary!
In VA, what must the gov’t do before the final authorization of the issuance of any bonds?
Before the final authorization of the issuance of any bonds, the local government generally must hold a public hearing on the proposed bond issue. A public hearing is not required where the bonds have been approved by the voters.
In VA, what’s the debt limit that caps the amount of bonds a municipality can issue?
10 percent of the assessed valuation of the real estate in the municipality subject to taxation.
In VA, how does a city council approve issuance of bonds?
A state statute requires a simple majority vote of all members of the governing body for the passage of an ordinance authorizing borrowing through the issuance of bonds.
Does a city need voter approval to issue bonds?
While a county must receive voter approval to elect to be treated as a city for the purposes of issuing bonds, this restriction does not apply to a city.
Can a local gov’t in VA seize private property to eliminate blight if the specific property isn’t blighted but all the neighboring properties are?
NO. While the taking of private property to eliminate blight is a public use, this type of taking is limited to private property that itself is blighted property.
In VA, is a locality liable for simple negligence in the operation of recreational facilities?
No.
The Code of Virginia specifically
provides the City, a “locality”, with immunity from “simple” negligence in the operation of various facilities including,
“parks”, “playgrounds”, and “recreational facilities.”
When is a claim against VA local gov’t barred>
Virginia Code provides that every claim against a county, city, or town for negligence shall be forever barred unless the
claimant or his agent, attorney, or representative has filed a written statement of the nature of the claim, which includes
the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued.
Does notice of a claim against VA local gov’t have to be formalistic, or can it be actual?
It can be actual notice–i.e. the may and city attorney were there at the event, so they knew time and place, and casually texted that they were going to sue. that’s enough for notice.
