Local Government Law

Question 1

What are counties?

Answer 1

Unincorporated areas of the state; exist as an arm of state government

Question 2

What are cities?

Answer 2

Defined as any independent incorporated community with either 5,000 or more citizens or became a city prior to July 1, 1971

Question 3

What are towns?

Answer 3

Defined as any incorporated community within one or more counties that has a population of 1,000 or more citizens or became a town prior to July 1, 1971; not independent of counties

Question 4

Can charters be challenged in court?

Answer 4

No

Question 5

How can cities and town annex county land?

Answer 5

1) Pass an ordinance to petition circuit court for that county 2) Notify the Commission on Local Government, as well as other interested governments; the Commission will hold hearings and file a report within 6 months 3) A three-judge court will review the report and consider a number of factors: (i) best interests of groups affected; (ii) services to be provided; (iii) best interests of state

Question 6

When are counties and town immune from annexation?

Answer 6

Can petition circuit court for total/partial immunity if they have either: 1) A total population of at least 20k and a population density of 300 per square mile 2) A total population of at least 50k and a population density of 149 per square mile * County can petition for partial immunity for portions of county that are providing urban services

Question 7

How do counties annex territories in cities or towns?

Answer 7

1) Secure approval in 51% of qualified voters in county 2) Secure approval of town or city, which has the authority to reject the petition 3) If petition is not rejected, the same process as for cities and towns

Question 8

How does a town become a city?

Answer 8

Must petition circuit court after local ordinance; special ct. appointed to decide: 1) Town has minimum population of 5k 2) Town can provide urban-type services & school services 3) Change will not impair the ability of county to meet the needs of the remaining population 4) Change is in the best interests of the parties & the state

Question 9

How does a city become a town?

Answer 9

1) City population is less than 50k 2) Adjoining county or counties are defendants in proceedings 3) Change will not impair the ability of the county to meet service needs of its population 4) Change will not lead to a substantially inequitable sharing of resources or liabilities of the new town and the county 5) Proposed change is in the best interests of the city, county, state, and the people of the city and county 6) Proposed change is within the best interests of the state in promoting strong and viable units of government

Question 10

VA Freedom of Information Act

Answer 10

Allows the public to inspect public records; pending lawsuit not required

Question 11

Dillion’s rule

Answer 11

Local governments can only exercise power that is expressly given or necessarily implied by expressly given powers. Any reasonable doubt concerning the existence of power is resolved against the local government, and power is denied.

Question 12

Re-delegation of powers

Answer 12

Any delegation must have fixed and readily ascertainable standards, and leave no more discretion than necessary

Question 13

Is a local ordinance deemed inconsistent if it can stand together with state law?

Answer 13

No; courts are obligated to harmonize the ordinance and state law

Question 14

Powers granted in charters

Answer 14

1) Pass laws 2) Raise taxes 3) Spend and borrow money 4) Take property

Question 15

Do counties have police power?

Answer 15

Unlike cities and towns, counties generally lack this power unless granted to it by a specific statute

Question 16

Three requirements of local ordinances

Answer 16

1) Notice: information regarding content and place to voice concerns 2) Clarity: must be clear, certain & definite 3) Majority vote: simple majority vote at public hearing

Question 17

Standard for invalidating ordinances

Answer 17

Clear and convincing proof that ordinance is not even debatably valid

Question 18

Up to how much can municipalities borrow?

Answer 18

Up to 10% of the assessed value of taxable real estate in the municipality

Question 19

Exceptions to limit of borrowing

Answer 19

1) Short-term bonds 2) Bonds for specific purposes resulting in revenue 3) Authorized contract obligations

Question 20

How often must zoning comprehensive plans be reviewed?

Answer 20

Every 5 years

Question 21

Challenges to zoning laws

Answer 21

1) Enforced by zoning administrator 2) Appealed to Board of Zoning Appeals (notice of appeal filed within 30 days) 3) Appealed to Circuit Court (petition for review filed within 30 days)

Question 22

Standard of review of BZA decisions

Answer 22

Presumed correct unless plainly wrong

Question 23

What are variances?

Answer 23

Exceptions to zoning ordinances that allow otherwise impermissible land uses; granted by BZA

Question 24

When are variances granted?

Answer 24

If landowner shows undue hardship and that granting variance would not be substantially detrimental to other property

Question 25

When are special use permits granted?

Answer 25

Uses permitted only conditionally, rather than by right, e.g., airports or certain industrial activities; granted by BZA (if delegated the power)

Question 26

How can developers seek review of a disapproved subdivision plat?

Answer 26

May appeal to circuit court within 60 days and must show that decision was not based on the subdivision ordinance or was arbitrary and capricious

Question 27

Building permits mistakenly granted in violation of an ordinance are ___________

Answer 27

legally void

Question 28

When does the right to develop property vest?

Answer 28

1) Owner is a beneficiary of a significant affirmative governmental act 2) Owner has relied in good faith on that act 3) Owner has incurred substantial obligation or expenses in pursuit of development right

Question 29

Procedure for condemning property

Answer 29

1) Local govt must make a bona fide offer to purchase land, unless owner is unable to confer legal title 2) If offer is rejected (or not required), local government must file a petition in court

Question 30

What must a petition for condemnation include?

Answer 30

1) Describe property to be taken 2) Describe estate, interest, or rights to be taken 3) Identify authority for taking 4) Identify necessity for work & improvements to be made 5) Identify public use or uses for which property is to be taken

Question 31

Can a city or town sell their rights to public places and to their water or electric works?

Answer 31

Yes, but only if they first obtain 3/4 vote in favor by the governing body (not required for counties)

Question 32

How long can a municipality lease us of public property?

Answer 32

No longer than 40 years, except for air rights (60 years)

Question 33

Can you sue a county in tort?

Answer 33

No

Question 34

Can you sue a county for damages to property?

Answer 34

Not under a tort theory, but can sue under implied contract to pay for damaged property

Question 35

When can cities and towns be held liable for torts?

Answer 35

When performing proprietary functions but not performing governmental functions (sovereign immunity)

Question 36

Examples of governmental functions

Answer 36

1) Police and fire protection 2) Operating a hospital or public education facility 3) Garbage collection

Question 37

Examples of proprietary functions

Answer 37

1) Maintaining public ways 2) Providing utilities 3) Maintaining recreational facilities 4) Operating housing authorities

Question 38

When action involves both governmental and proprietary functions, how is it classified?

Answer 38

Governmental

Question 39

Four factors for determining when are governmental employees immune from tort liability

Answer 39

1) Must be a vitally important function 2) Extent of government’s interest & involvement in function 3) Degree of control exercised over employee 4) Whether act involves exercise of discretion by employeee

Question 40

When are governmental employees not immune from tort liability?

Answer 40

When they engage in wanton or grossly negligent behavior, or act outside their scope of employment

Question 41

When are local governments held liable for the actions of their employees?

Answer 41

1) Counties: never 2) Municipalities: only when employee is performing a proprietary function, municipality has authority to control the agent’s actions, and the agent was acting within the scope of employment

Question 42

When do individuals serving on governing bodies having immunity?

Answer 42

1) Negligent exercise or failure to exercise discretion: Yes 2) Unauthorized misappropriation of funds, intentional to willful misconduct, or gross negligence: No

Question 43

Are municipalities liable when there is a slight defect in municipality property?

Answer 43

No, if a reasonable person would conclude that the defect would not injure a person exercising reasonable care

Question 44

To prevent a tort claim from being barred, what must the claimant do?

Answer 44

File a written statement with the proper designated officer within 6 months after the cause of action accrues, including the time and place at which the injury occurred