VA local govt Flashcards by Anne Reyna

What are the main types of local governments?

1) Counties
2) Cities
3) Towns
4) Service Authorities

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What is a county?

an arm of state government that consists of unincorporated areas of the state.

Cities are not inside counties; land is either in a city or in a county, but not both.

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What is a city?

s an incorporated territory that either (i) has at least 5k citizens or (ii) became a city before July 1, 1971.

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What is a town?

an incorporated community that is inside a county and (i) has at least 1k citizens within its boundaries or (ii) became a town before July 1, 1971.

Unlike cities, towns are not independent of counties and share many governmental functions and services with the counties in which they are located.

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___________ serve as arms of local governments and have authority to perform specific functions.

Service authorities

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Local governments are created when the General Assembly grants the local government a charter, which it can do by a ________________________________ vote.

majority

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o The charter is like the federal constitution and sets forth the basic powers granted to the local government by the state.
o Charters are not ___________________ for purposes of the U.S. Constitution, which means states are free to change them.

contracts

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Towns can also be created through a ___

judicial proceeding.

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Annexation

Annexation occurs when a city or town wants to grow

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Cities and towns can annex county land through a three step process:
1) Pass an ________________________________ to petition the circuit court for the county in which the territory sought to be annexed lies.
2) Notify the State Commission on __________________________________, as well as other interested local governments. The Commission will then hold hearings, make investigations, and file a report within six months.
3) A three-judge court will review the report from the Commission, and will consider a number of factors in determining whether to grant the petition, including:
i) The best interests of the people of the ________________________________;
ii) The __________________ to be rendered and the needs of the area proposed to be
annexed;
iii) The best interests of the people in both the remaining portion of the county and the
portion to be annexed; and
iv) The best interests of the __________________ in promoting strong and viable units
of government.

ordinance

locals governments

locality

services

state

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A city does not need approval from the __________________ to annex part of that county, only approval from the court.

county

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 Counties and towns can petition the circuit court for total or partial immunity from annexation by cities if they have either:
* A total population of at least 20,000 (Editor’s note: not 2,000) and a population density of at least ___________________ persons per square mile; or
* A total population of at least __________ and a density of at least _______ persons per square mile.
 A county can also petition for partial immunity for portions of the county that are providing urban-style services.

300
50k
140

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300
50k
140

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o Counties have limited power to annex territory in cities or towns by:
1) Securing approval of ____________________% of qualified voters in the county
2) Securing approval of the town or city, which has the _____ to reject the annexation petition
3) If the town or city does not reject the petition, the process is the same as when cities or towns seek to annex county territory.

Key point: Counties do need the ________________________________ of cities or towns to annex them; cities and towns do not need the consent of counties to annex them.

authority

consent

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Towns can become cities if four criteria are met:
1) The town has a minimum population of ________________________________ persons.
2) The town can provide ________________ services, including an independent school system.
3) The change will not impair the ability of the town’s current county to meet the needs of the
remaining population.
4) The change is in the best ______________________________ of the parties and the state.

urban

interests

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Cities can become towns if six criteria are met:
1) The city’s population is less than ________________________________.
2) The adjoining county must be a __________________________________ in the proceeding.
3) The change will _____ the ability of the county to meet the service needs of its
population.
4) The change will not lead to a substantially ______ sharing of resources or liabilities of the new town and the county.
5) The proposed change is in the best _____ of the city, county, state, and the people of the city and the county.
6) The proposed change is within the best interests of the state in _____ strong and viable units of government.

50k

defendant

not impair

inequitable

interests

promoting

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Dillon’s Rule
o The most important point to understand about local governments is that local governments have no _________________________________________ authority.
 Any and all authority must come from the state, either through a state statute, constitutional provision, or the state-granted ________________________________.
o Dillon’s Rule provides that local governments can only exercise powers that are (i) ____________________ given or (ii) ________________________ implied by the powers expressly given and essential to the purposes of those powers.
o Dillon’s Rule is a rule of statutory construction: if there is a reasonable doubt about the existence of a local power, courts should resolve that doubt _______________________ the local government and ___________________ the power.

inherent

charter

expressly
necessarily

against

we deny

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Re-Delegation

Any delegation of power must have fixed and readily ascertainable ____________________ and leave no more ____________________________ than necessary to carry out the tasks.

A local government can re-delegate its administrative and ministerial powers. For example, if a city is granted power to protect its citizens, it can delegate that power to a police department.

A local government cannot re-delegate legislative powers without statutory authorization from the state.

standards

discretion

Preemption
The state and a local government may have ________________________________ jurisdiction over the same subject matter relating to local affairs, but when their rules or laws conflict, the ________________________________ law always rules.

o Local governments cannot enact or enforce an ordinance that is inconsistent with ________________________________ law; such laws are preempted.
 The state can also preempt a whole field of law, but must do so expressly.
o Courts are obliged, when possible, to _______________________ the local ordinance and
the state law.
 Local laws that prohibit activities that are not prohibited by the state are not considered inconsistent.
 Localities can also add restrictions to state laws without creating inconsistent laws.

concurrent
state’s

state

harmonize

Powers Granted in Charters
These powers usually include the powers to:

o Enact and enforce ordinances;
o _________________________________ or be ________________________________;
o Enter into ________________________________;
o Acquire, hold, and dispose of revenue;
o Acquire, hold, and dispose of personal and real property;
o Condemn property through the use of _______________________________________; and o Issue tax-exempt bonds with interest.

sue or be sued

contracts

eminent domain

Police Power Granted to Municipalities
o The police power is the broad power to “secure and promote the ______________________ _______________ of the inhabitants of the municipality and the safety, health, peace, good order, comfort, convenience, morals, trade, commerce, and industry of the municipality.”
o Cities and towns enjoy a good deal of discretion in exercising their police power which means courts will not interfere unless the exercise of this power is shown to be _________________________ or arbitrary.
 Counties are given a less broad grant of general powers.
o Dillon’s Rule has relatively little impact when it comes to the municipal police power
because such power is both very broad and expressly granted to municipalities.

general welfare

unreasonable

Three Important Powers

1) The power to enact ordinances
2) The power to incur debt
3) The power to tax

1) The power to enact ordinances
 Local governments have the power, given in their charters, to pass local laws which are known as ordinances.
 The process involves three key criteria:
i) Notice must be published before the enactment of an ordinance;
ii) The ordinance must be clear, certain, and definite; and
iii) Ordinances are effective upon a simple majority vote unless otherwise provided in a
statute or constitution.
 Ordinances are presumed _______________ and will only be struck down if the party challenging the ordinance shows by ________________________________________ proof that the ordinance is not even debatably valid.

valid
clear and convincing

2) The power to incur debt
 Municipal governments have the power to incur debt to pay for local projects by issuing ________________________________.
* Counties can exercise the same power but only if a ___________ of qualified voters vote for the county to be treated as a city or town for the purpose of issuing bonds.
 In general, municipalities can only borrow up to ________________________% of the total assessed value of taxable real estate in the municipality.
* Exceptions to the debt limit are (i) revenue anticipation bonds, (ii) ______________ fund bonds, and (iii) authorized contract obligations.

bonds
majority
10%
special

3) The power to tax  State law allows local governments to tax __________________, __________________, and other subjects in whatever amount is deemed necessary to pay debts, defray expenses, accomplish the purposes, or perform the functions of local government.  Local governments cannot tax _____________________ and only may add _________% to the state sales tax.

property and persons income 1%

Land Use Regulation 1. Basic Structure o Land use regulation starts with a comprehensive plan, which sets out a plan for the development of land within a local government’s jurisdiction.  The plan must be reviewed at least once every ___________________________ years.  The plan is prepared by a local planning commission and is designed to set forth a guide as to how land should be used within the territory. o Local governments have the power to enact zoning ordinances, which divide up land into different zones, each of which has different rules about the _______________ allowed (e.g., residential, commercial, industrial) and the heights and densities of buildings in the zone.  Zoning laws are considered _______________________ decisions and are presumed by courts to be ______________________, meaning they will be upheld if fairly debatable.  Any party challenging a zoning decision bears the burden of proof to show it is unreasonable. o Zoning laws are enforced by the local zoning _____________________________________, and appeals from those decisions are made to the local board of zoning appeals (“BZA”).  The zoning administrator has the power to _______________ zoning laws, to order land owners to remedy zoning violations on their land, and to bring legal actions to ensure compliance with the ordinance.  Notice of appeal from an administrative decision or order by the zoning administrator must be filed within ________________________________ days of the decision.  Decisions of the BZA can be appealed to the ________________________________ court, provided that the petition for review is filed within 30 days of the BZA’s decision.  The BZA’s decision is presumed to be correct and will only be overturned by a circuit court if it is _______________________________________________.

5 uses legislative reasonable administrator enforce 30 circuit court plainly wrong

2. Board of Zoning Appeals (“BZA”), Variances, and Special Uses o The BZA can grant variances, which are __________________________________ to local zoning ordinances and allow land uses that would otherwise be impermissible.  Variances can only be granted if the landowner shows that (i) strict enforcement of the zoning ordinance would result in undue ______________________ and (ii) that granting the variance would not be _________________________ detrimental to other property. o The BZA can also grant special use permits, which conditionally allow for certain land uses in certain zoning districts.  Examples of land uses requiring special use permits include airports or certain industrial activities.

exceptions hardship substantially

3. Subdivisions and Building Permits o Developers must submit a subdivision plat for approval that lays out their planned development.  Local governments are required to enact a ________________________________ ordinance that regulates the development of subdivisions.  If a preliminary subdivision plat is disapproved, the developer may appeal to the circuit court and must show that the decision (i) was not properly based on the subdivision ordinance or (ii) was otherwise ________________________________ and capricious. o Developers normally have to obtain a building permit before constructing a home or business.  Local governments issuing building permits are acting in a ________________________ capacity; this means issuing a building permit does not estop the municipality from revoking the permit or enforcing a zoning ordinance against the builder.  Permits that are mistakenly granted in violation of an ordinance are legally __________.

subdivsion arbitrary govt capacity void

4. Vested Rights o When developments are occurring at the same time that a local government is deciding to change its zoning laws, the question arises as to whether the landowner is governed by the old zoning law or the new zoning law. o Virginia law allows for development rights to become vested, meaning that they will not be affected by a __________________________________________ change to zoning law. o A right to develop property vests when the owner:  Is a ________________________________ of a significant affirmative governmental act;  Has relied in good faith on that act; and  Has incurred substantial _______________________________________ or substantial expenses in pursuit of the development. o A “significant affirmative governmental act” means a tentative agreement to let the land be developed and includes the granting of a special use permit or the approval of a preliminary subdivision plat.

subsequent Beneficiary Obligations

Acquiring Property: The Power of Eminent Domain 1. Rule o Local governments have the power to condemn private property for _______________ use, provided that just __________________________________ is paid. o Property interests that can be taken include land and buildings, easements, and sand, earth, gravel, water, or other materials necessary for making, repairing or maintaining a road. o Only extends to property in the municipality’s jurisdiction

public compensation

Acquiring Property: The Power of Eminent Public Use o Public use means property taken for public ownership, occupation and enjoyment. This includes:  Construction of public facilities, like airports or libraries;  Creation of public service corporations or railroads, or the provision of any authorized utility service;  The taking of property to eliminate ______________, provided that the property itself is blighted; and  In limited circumstances, the taking of _________________________________ property for redevelopment or conservation. o Public use does not include takings to improve the _________________________ or for the creation of ________. o No more private property may be taken than that which is needed to achieve the stated public use.

blight abandoned tax base jobs

Acquiring Property: The Power of Eminent 3. Just Compensation o Just compensation means the fair market value of the property at the time of the ________________________________. o The calculation includes consideration of the property’s adaptability and suitability for any ______________________ purpose in light of the conditions and circumstances at the time.

taking legitimate

Acquiring Property: The Power of Eminent 4. Procedure o Before condemning property, the local government must make a ______________________ offer to purchase the property, unless the owner is unable to confer legal title because of a disability or some other reason, is unknown, or cannot be located within the state. o If the offer is rejected (or not required), the local government must file a petition for ________________________________ in the circuit court in the county or city where the subject property, or the greatest portion of it, is located. The petition must do five things: 1) Describe the ________________________________ to be taken; 2) Describe the estate, interests, or rights to be taken; 3) Identify the ________________________ for the taking; 4) Identify the _______________________ for the work or improvements to be made; and 5) Identify the public use or uses for which the property is to be taken.

bona fide condemnation property authority necessity

Disposition of Property * Cities and towns cannot sell their rights to public places, nor can they sell their water or electric works without first obtaining a___ vote by all elected members of the governing body. Editorial Note 3: This restriction does not apply to counties. * No franchise, lease, or right of any kind to use public property can be granted for more than _______________________ years, except for air rights, which can be leased for up to 60 years.

three-fourths 40

Tort Liability Ask three questions when looking at local government tort liability:

* First, what type of government is the claim being brought against? * Second, is the municipality acting in a governmental or proprietary function? * Third, is the claim brought against an individual government employee or the government itself?

1. Counties v. Cities and Towns o You cannot sue a ________________ for personal injury torts committed by their officers, agents, or employees because they are formally parts of states and have ________________ immunity.  This is true whether the county is acting in a governmental capacity or a proprietary capacity. o You cannot sue in tort for damages to personal property, but you can sue under an implied contract theory under which the county has implicitly agreed to pay for property that has been wrongfully taken, damaged, or converted.

county sovereign In order to recover in contract, the county would need to take property for public use without just compensation which results in damage to real or personal property. This raises a claim for inverse condemnation under the Virginia Constitution. For example: The county expands a sewer line for public use. The sewer line malfunctions, damaging a person’s home and their personal property inside. The person could sue the county in implied contract for damage to their real and/or personal property under inverse condemnation.

Governmental v. Proprietary Functions o Cities, towns, and other municipal corporations can be held liable in tort but only when performing ___________________________ functions, not when performing ___________________________ functions.  They have sovereign immunity when performing governmental functions. o To determine whether a city, town, or other municipal corporation is performing a governmental or proprietary function, ask whether: 1) The government is acting for the benefit of all of its citizens (i.e., governmental functions); or 2) The government is acting to further its interests as a property or business owner (i.e., proprietary functions). o Examples of governmental functions include:  ________________________________ and fire protection  Operating a ________________________________ or public education facility  Garbage collection o Examples of proprietary functions include:  Maintaining public ways, like roads and bridges  Providing ________________________________  Maintaining recreational facilities (although, by statute, only _____________ negligence claims apply in this area)  Operating ________________________________ authorities o If the action involves both governmental and proprietary functions, the action is considered _________________________________.

governmental proprietary police hospital utilities gross housing governmental

3. Individual Liability for Governmental Employees o Individual officials or employees have _____________________ immunity from tort liability. o In order to take advantage of this immunity, four factors must be met: 1) The function must be ___________________________________; 2) The government must have an official interest and a direct involvement in the function; 3) The governmental entity must exercise some ___________________ and direction over the employee; and 4) The employee must be exercising some discretion (it must not simply be the carrying out of a ministerial task). o Immunity for employees only extends to ________________________________.  Employees are not immune from liability for wanton or grossly negligent behavior.

qualified important control scope of employment Immunity does not apply when the employee is acting beyond the scope of employment, authority, or discretion.

Respondeat Superior o The principle of respondeat superior does not apply to county employees or officials. o Municipalities are held liable only when the employee is acting in a proprietary capacity, the municipality has some _________________________ to control the agent’s actions, and the agent was acting within the scope of his ___________________________________.

authority employment

Governing Bodies o Individuals who serve on the governing bodies of any locality—which includes boards, commissions, agencies and authorities—are immune from suit for the negligent exercise or failure to exercise ________________________________. o This immunity does not extend to the unauthorized misappropriation of funds, nor does it extend to intentional or willful ________________________________ or gross negligence.

discretion misconduct

Notice o To prove a municipal corporation’s tort liability, a plaintiff must allege and show ________________________________ to the municipality of the existence of the defect. o Notice can be actual or constructive:  Actual notice occurs when the proper municipal officer or servant has actual ________________________________ of the defect.  Constructive notice occurs when the defect has existed for such a length of time that it could have been discovered through the exercise of _____________________________. o Negligence claims against any local government are typically barred unless the claimant has filed a written statement of the nature of the claim, including the time and place at which the injury is alleged to have occurred, within __________________ after the cause of action accrued.

notice knowledge ordinary care 6 months

Some Basic Negligence Rules * General negligence rules apply when there is no immunity from tort liability. o So plaintiffs still have to show that a duty has been _______________________ and that _____________________ were caused by the breach. * Municipalities can assert the defense of ________________________________ negligence. * If injuries are caused by a slight defect in municipal property, the municipality will not be held liable if a reasonable person would conclude that the defect would not endanger a person exercising reasonable care. o If the defect is more than slight, there is still no liability unless the municipality had actual or constructive _________________________________________________. * Municipalities can be held liable for negligently creating or maintain a nuisance. The nuisance must ________________________ interfere with the use and enjoyment of another’s property, and the interference must be _________________________ rather than sporadic or isolated.

breached damages contributory negligence notice unreasonably substantial