Local Government (VA)

Question 1

Dillons’ Rule

Answer 1

A VA Locality has no powers other than those expressly provided by the VA code or its legislatively-enacted charter, unless otherwise necessary to carry out an express power or indispensable to the purpose for which the locality was created.

A locality may chose the method for exercising the express power so long as it is not unreasonable.

Question 2

What are VA cites police powers limited to?

Answer 2

Strictly limited to actions for health, safety, welfare, and morals of the citizens.

Question 3

What can a city or town be liable for?

Answer 3

its negligence (the negligent acts or omissions of its employees) for proprietary functions.

It retains sovereign immunity for governmental functions.

Question 4

What are governmental functions?

Answer 4

Those considered inherent in the legislative and executive powers of the government.

Ex. Police forces, fire departments, public educational facilities, garbage removal service, emergency response, hospitals, jails, design of roads, maintenance of traffic lights.

Question 5

What are proprietary functions

Answer 5

Those not within the inherent nature of the government and are usually ministerial tasks like maintenance and operation duties.

ex. Road maintenance
provision of public water, sewage, storm drainage, gas and municipal electric power, and housing authority

Question 6

What is the notice requirement for local government law?

Answer 6

(1) Written Notice
(2) Within 6 Months

Exception to 6 months: The injury prevents the individual either physically or mentally from preparing and delivering the notice.

Question 7

When can local governments be liable for injuries that occur at recreational facilities?

Answer 7

When they have acted grossly negligent.

1. The Supreme Court of VA had described gross negligence as the utter disregard of prudence amounting to complete neglect of the safety of another, emphasizing the importance of deliberate conduct.
2. The Court has also held that gross negligence can be proved from the combination of several different acts of simple negligence.

Question 8

What are the two approaches a court may take regarding the oral delivery of notice of injury?

Answer 8

Daniel case - oral reports do not sufficiently comply with notice requirement.

Heller Case - a city employee may act in a dual capacity to the extent of giving routine mechanical assistance to those desiring to file a tort claim against the city.

Question 9

What has the general assembly replaced the former tort injury notice statute with?

Answer 9

compliance with the terms of the statue are mandatory and must be strictly construed.

Question 10

What is a defense to the new notice statute for tort injuries that was put in place by the general assemble?

Answer 10

Prior case law has not been expressly overruled.

Question 11

What is the doctrine of sovereign immunity?

Answer 11

a city is immune from liability for torts arising from the exercise of its governmental functions, or combination of governmental and proprietary functions.

Question 12

Does a city have power to borrow money?

Answer 12

Not inherently.

Therefore the power must be delegated to it by the state legislature or the constitution.

No city may borrow money that exceeds 10% of the assessed valuation of the real estate subject to taxation.

Question 13

When may a city exercise eminent domain and condemnation?

Answer 13

Only when

(i) 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

(ii) 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 14

for what purposes may eminent domain of property be barred under the VA statute?

Answer 14

for the purpose of raising taxes
improving the local economy, and creating jobs.

Question 15

In what situations is condemnation expressly limited to?

Answer 15

property is to be occupied by the government or the public, for a public facility or a public service corporation, for public utility, or to eliminate dangerous areas that endanger public safety.

Question 16

How may municipal corporations such as cities use their tax power, what can’t they do?

Answer 16

may tax only through positive grants of authority from the general assembly.

They may not abate taxes, because taxes must be uniform for the same class of subjects.

Question 17

What is defined as public use for purposes of condemnation?

Answer 17

1. Use by the public
2. public facilities like airports, libraries,jail
   3.use by utility or railroad
3. to eliminate specific blighted property
4. agreement by owner

Question 18

What are the limitations to condemnation?

Answer 18

under VA 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 utility company or a railroad right of way, or for public water, sewer or transportation project.

Question 19

What is the measure of recovery for condemned property?

Answer 19

the fair market value (including revenue generated)

Question 20

Inverse condemnation

Answer 20

When property is taken indirectly without formal condemnation, a property owner may institute a claim by filing a proceeding for declaratory judgment or damages.

There is no sovereign immunity as these actions are seem as implied contracts with a citizen.

Question 21

What information is generally beyond the reach of a FOIA request?

Answer 21

Juries and crime Commission

Question 22

How are claims against counties treated

Answer 22

Tort - absolute immunity for cities, towns and counties

Contract and equitable monetary claims - presentment

• no action may be maintained against county upon any claim or demand until the claim is presented to the governing body for allowance.

Question 23

What is the appeal process for the denial of presentment from a county?

Answer 23

30 days after denial must file with clerk of county and then complaint must be filed in CC within 6 months

Question 24

How is it determined that an employee shares in governmental sovereign immunity?

Answer 24

Top Level People - automatically

Low Level Employees Test:

1. The nature of the function the employee performs
2. The extent of the governments interest and involvement in the function
3. The degree of control and direction exercised over the employee by the government
4. Whether the act in question involved the exercise of discretion and judgment.

Question 25

Intentional Conduct or Gross Negligence of a City Employee

Answer 25

A city does not lose sovereign immunity because its employee may be guilty of intentional conduct or gross negligence. A city cannot be held vicariously liable for an employee’s gross negligence.

Question 26

What must a municipality have before liability is attached for any defects on public property?

Answer 26

A municipality must have actual or constructive notice of a defect in public property, in time to remedy it, before liability attached.

A π must show more than just that a defect on public property occurred and caused π injury.

A municipality has constructive notice of a defect in a public way adjoining a street when the defect has existed for such a period of time that the defect could have been discovered by the exercise of ordinary care.

The Court has also held that open and obvious defects, such as a 21/2 inch difference in sidewalk sections, do not give rise to municipal liability.