Local Government

Question 1

What is the police power given to municipal corporations?

Answer 1

Virginia law delegates to municipal corporations the […] to limit, regulate, or prohibit personal and commercial activity, without compensation, to promote public health, safety, and the general welfare.

Question 2

Courts will not interfere with a municipal government’s use of the police power unless it is shown to be…

Answer 2

…unreasonable or arbitrary

Question 3

A valid city ordinance must contain language that is […], […], and […] so that an average person may, after reading the ordinance with due care, understand whether…

Answer 3

[clear], [certain], and [definite]

…he will incur a penalty for his action or inaction.

Question 4

A taking under the power of eminent domain occurs when the government…

Answer 4

…takes title to land, physically invades land, or severely restricts the use of land.

Question 5

The abatement of a public nuisance [does/does not] constitute a taking for public use for which compensation must be paid.

Answer 5

does not

Question 6

Municipal governments are immune to tort liability when…

Answer 6

…performing public, governmental functions.

Question 7

Local governments are authorized, by […], to condemn […] for […] through the power of […].

Answer 7

[statute]

[private land]

[public use]

[eminent domain]

Question 8

For eminent domain purposes, “public use” consists of:

Answer 8

(1) the **possession, ownership, occupation, and enjoyment **by the public or a public corporation;
(2) construction, maintenance, or operation of public facilities by a public corporation (e.g., transportation facilities such as roads and bridges);
(3) the creation or functioning of any public service corporation or railroad;
(4) the provision of any authorized utility service;
(5) the elimination of blight, provided the property itself is a blighted property; or
(6) as part of a redevelopment or conservation area where the property is abandoned or where acquisition is needed to clear title.

Question 9

The acquisition of property through […] can be for an authorized public undertaking and may be used if terms of purchase cannot be agreed upon.

Answer 9

condemnation

Question 10

When is a taking for public use under Virginia Constitution?

Answer 10

A TAKING IS FOR PUBLIC USE WHEN the public interest dominates the private gain and its primary purpose is not for……private financial gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development.

Question 11

A local government may not institute condemnation proceedings until it has first…

Answer 11

…made a bona fide effort to purchase from the owner the property sought to be condemned.

Question 11

Condemnation proceedings must be brought in the…

Answer 11

circuit court of the county or city where the subject property to be condemned is located.

The court determines the fair market value of the condemned property.

Question 12

Private property may not be condemned without…

Answer 12

…just compensation.

Question 13

The measure of compensation for taken property is the […] at the time of the […], including […].

Answer 13

[fair market value]

[taking]

[lost profits]

Question 14

The determination of lost profits must be reasonably certain and are limited to…

Answer 14

The determination of lost profits must be reasonably certain and are limited to the net income for three years prior to the valuation date.

To recover lost profits, the owner cannot have reasonably prevented the loss by relocating the business.

Question 15

In general, an ordinance’s validity is presumed and must be overcome by […] proof.

However, with regard to condemnation proceedings…

Answer 15

clear and convincing

…the condemnor bears the burden of proving that the use is public, and there is no presumption that it is.

Question 16

No more private property may be taken than that which is necessary to…

Answer 16

…achieve the stated public use.

Question 17

In determining fair market value, courts may consider the property’s…

Answer 17

adaptability and **suitability **for any legitimate purpose in light of conditions and circumstances that exist at the time of the taking or that may reasonably be expected in the near future.

Question 18

Municipalities (i.e., cities and towns), enjoy sovereign immunity from tort liability when performing […] functions, such as […].

Answer 18

[public, governmental]

[police and fire protection and garbage removal]

Question 19

Sovereign immunity does not exist for a municipality performing […], such as […].

Answer 19

[proprietary function]

[utility services, street maintenance, and maintaining recreation facilities]

A proprietary function is an act done for profit or to benefit a particular private entity as opposed to the general public.

When a municipal corporation’s action constitutes both governmental and proprietary functions, the action is considered governmental, and sovereign immunity applies.

Question 20

All negligence claims against any local government are barred unless the claimant…

Answer 20

delivers to the proper designated officer (e.g., city attorney, mayor) a written statement of the nature of the claim, including the time and place at which the injury is alleged to have occurred, within six months after the cause of action accrued.

However, a claim will not be barred if the proper local government official has actual notice of the claim within six months after the cause of action accrued.

Question 21

The Virginia Freedom of Information Act (FOIA) guarantees Virginia citizens and media representatives access to…

Answer 21

…public records maintained by a public body.

The records must be open during the regular office hours of the custodian of such records for inspection and copying.

The FOIA broadly defines public records to include all writings and recordings, however stored, and regardless of physical form, prepared by or in the possession of a public body or its officers, employees, or agents in the transaction of public business.

Question 22

How does the sovereign immunity of county governments differ from that of city governments?

Answer 22

Counties enjoy sovereign immunity from all tort liability for all activities of their officers, agents, and employees, even when the county is acting in a proprietary capacity.

Question 23

Because the FOIA is to be [liberally/narrowly] interpreted to [permit/limit] access to public records.

Answer 23

[liberally]

[permit]

Question 24

How long does a custodian of records have to respond to a VA FOIA request?

Answer 24

5 days.

Question 25

Sovereign immunity may extend to [...] who are negligent in performing a governmental function.

Answer 25

[government officers and employees] (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.

Question 26

sovereign immunity does not extend to protect an employee’s [...] behavior.

Answer 26

[wanton or grossly negligent]

Question 27

A city is not subject to tort liability for the conduct of its officers and agents in the operation and maintenance of its *recreational facilities* unless that conduct constitutes [...].

Answer 27

gross negligence

Question 28

To establish a city’s liability, a plaintiff must allege and show that the municipality had [...] of the existence of a defect that caused the plaintiff’s injury.

Answer 28

[actual or constructive notice] Constructive notice occurs when the defect has existed for such a length of time that it could have been discovered through the exercise of ordinary care.

Question 29

Explain Dillon's Rule

Answer 29

Dillon's Rule is a strict rule of construction that local governments only have powers **expressly granted** by the state legislature, **implied** by those powers, or **essential to their functions**. Any reasonable doubt concerning the existence of power is resolved by the courts against the local government. Any action taken by a local government outside of its granted powers is void.

Question 30

When a power has been delegated but the manner of its execution has not been specified, the [...] rule applies. Under this rule, a locality has reasonable discretion as to...

Answer 30

[reasonable selection of method] ...the manner in which the power is executed

Question 31

When a tort is committed that involves damage to, or the taking of property, the plaintiff may sue in an [...] action for compensation for the property which has been wrongfully damaged or taken.

Answer 31

inverse condemnation

Question 32

No vote of any kind by any public body can be taken to authorize the transaction of any public business unless it is through...

Answer 32

...vote taken at an open meeting in accordance with Virginia law. No public body can vote by secret or written ballot, and no public body can vote by telephone or other electronic communication means. A majority of the governing body constitutes a quorum.

Question 33

There is an exemption to VA FOIA for information about *negotiations* and awards of specific contracts where competition or bargaining is involved and releasing such information would...

Answer 33

...adversely affect the bargaining position or negotiating strategy of the public body. HOWEVER, the contract itself is not subject to this exemption.

Question 34

An ordinance may be adopted, amended, or repealed by a [...] vote of...

Answer 34

[simple majority] ...the members of the governing body of a local government who are present at a lawful meeting.

Question 35

Generally, a lawful meeting requires the presence of...

Answer 35

...a majority of the members of the governing body.

Question 36

Generally, a meeting [may/should not] be conducted through telephonic, video, or other electronic communication means where the members are not physically assembled to discuss or transact public business.

Answer 36

[should not] However, any public body may meet by electronic communication means without a quorum of the public body physically assembled at one location when the Governor has declared a state of emergency provided that (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to address the emergency.

Question 37

When sovereign immunity applies, the court lacks [...] jurisdiction to adjudicate a claim

Answer 37

subject matter

Question 38

The Virginia Tort Claims Act waives the state’s immunity from tort claims caused by the negligent or wrongful act or omission of any employee acting...

Answer 38

...within the scope of his employment under circumstances where the Commonwealth would be liable if it was a private person. The limit of liability is the greater of $100,000 or applicable insurance coverage. The Virginia Tort Claims Act does not waive the immunity of any city, town, or county.

Question 39

A governmental function is an...

Answer 39

...act done for the common good, without the element of corporate benefit or pecuniary profit.