Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/57

Click to flip

57 Cards in this Set

  • Front
  • Back
DEFINITIONS

___________ ___________: City or town

LOCALITY: City, town, or ________
DEFINITIONS

MUNICIPAL CORPORATION: City or town

LOCALITY: City, town, or COUNTY
Does a MUNICIPAL CORPORATION include counties?
NO!

A MUNICIPAL CORPORATION includes CITIES and TOWNS, but does NOT include COUNTIES!
TRUE/FALSE:

Cities are completely independent of counties.
TRUE!

Cities are COMPLETELY INDEPENDENT OF COUNTIES!

NOTE: Towns are NOT independent from the counties in which they are located!
SOVEREIGN IMMUNITY

_________ are immune from tort claims IN ALL OF THEIR ACTIVITIES.
SOVEREIGN IMMUNITY

COUNTIES are immune from tort claims IN ALL OF THEIR ACTIVITIES.
SOVEREIGN IMMUNITY

XXXXXXXXXXXXXX

_______ and _______ (MUNICIPAL CORPORATIONS) are immune from tort liability ONLY w/ respect to their "_________" FUNCTIONS (ie. PROPRIETARY).
SOVEREIGN IMMUNITY

CITIES and TOWNS (MUNICIPAL CORPORATIONS) are immune from tort liability ONLY w/ respect to their "PUBLIC" FUNCTIONS (ie. PROPRIETARY).
CITIES AND TOWNS (MUNCIPAL CORPORATIONS)

When acting w/i its PUBLIC (GOVERNMENTAL) capacity, a city or town enjoys _________ ___________ for the acts/omissions of _________ and AGENTS.

HOWEVER, a city or town does NOT enjoy sovereign immunity in _____ when acting w/i its ___________ capacity.
CITIES AND TOWNS (MUNCIPAL CORPORATIONS)

When acting w/i its PUBLIC (GOVERNMENTAL) capacity, a city or town enjoys SOVEREIGN IMMUNITY for the acts/omissions of EMPLOYEES and AGENTS.

HOWEVER, a city or town does NOT enjoy sovereign immunity in TORT when acting w/i its PROPRIETARY capacity.
Only communities w/ a population of 5,000 or more may be incorporated as ________.

Only communities w/ a population of 1,000 or more may be incorporated as ________.
Only communities w/ a population of 5,000 or more may be incorporated as CITIES.

Only communities w/ a population of 1,000 or more may be incorporated as TOWNS.
COUNTIES have __________ IMMUNITY in tort.

This is called _________ _________.
COUNTIES have ABSOLUTE IMMUNITY in tort.

ie. COUNTIES are ABSOLUTELY IMMUNE from liability in tort.

This is called SOVEREIGN IMMUNITY.
If the government is performing a PROPRIETARY FUNCTION, there is a standard of __________ __________.

EXCEPTION: If the government is operating a RECREATIONAL FACILITY, the standard is _______ or WANTON NEGLIGENCE.
If the government is performing a PROPRIETARY FUNCTION, there is a standard of ORDINARY CARE.

EXCEPTION: If the government is operating a RECREATIONAL FACILITY, the standard is GROSS or WANTON NEGLIGENCE.
INJURED PARTIES--NOTICE REQUIREMENT

The injured party must give detailed ________ to a CITY _________ w/i _____ MONTHS of the accident.

NOTICE consists of ______, _______, and ________ of the accident.
INJURED PARTIES--NOTICE REQUIREMENT

The injured party must give detailed NOTICE to a CITY OFFICIAL w/i 6 MONTHS of the accident.

NOTICE consists of TIME, PLACE, and NATURE of the accident.
EMINENT DOMAIN

A municipality may exercise this power ONLY when:

(1) There is _______ NEED for the property;

(2) The owner refuses the municipality's GOOD FAITH _______ to PURCHASE it; or

(3) The owner is __________, a NONRESIDENT, UNKNOWN, or CANNOT CONVEY ________.
EMINENT DOMAIN

A municipality may exercise this power ONLY when:

(1) There is PUBLIC NEED for the property;

(2) The owner refuses the municipality's GOOD FAITH OFFER to PURCHASE it; or

(3) The owner is INCOMPETENT, a NONRESIDENT, UNKNOWN, or CANNOT CONVEY TITLE.
EMINENT DOMAIN

What is the measure of compensation for property taken?
EMINENT DOMAIN

Fair market value (FMV) at the time of the taking.
When is property valued for purposes of eminent domain?
When is property valued for purposes of eminent domain?

Fair market value at the time of the taking!
VALUATION OF PROPERTY

FAIR MARKET VALUE is determined on the basis of the ________ and ________ USE of the property.
FAIR MARKET VALUE is determined on the basis of the HIGHEST and BEST USE of the property.
POWERS OF LOCALITIES (DILLON'S RULE)

This rule applies to _______, _________, and ________.
POWERS OF LOCALITIES (DILLON'S RULE)

This rule applies to TOWNS, CITIES, and COUNTIES.
POWERS OF LOCALITIES (DILLON'S RULE)

A _______ can exercise ONLY those powers granted expressly by _______ or ________ and no other powers, UNLESS ________ or INCIDENTAL to the powers expressly granted.
POWERS OF LOCALITIES (DILLON'S RULE)

A LOCALITY can exercise ONLY those powers granted expressly by STATUTE or CHARTER and no other powers, UNLESS IMPLIED or INCIDENTAL to the powers expressly granted.
UNIFORM CHARTER POWERS ACT OF VIRGINIA

A government entity can take an action SO LONG AS it is NOT prohibited by:

(1) STATE __________;

(2) STATE __________; or by

(3) CHARTER
UNIFORM CHARTER POWERS ACT OF VIRGINIA

A government entity can take an action SO LONG AS it is NOT prohibited by:

(1) STATE STATUTE;

(2) STATE CONSTITUTION; or by

(3) CHARTER.
POWERS OF LOCALITIES (DILLON'S RULE)

3-step process:

No EXPRESS, _________, or ____________ power?

The government (can/cannot) do it!

NOTE: This would be an _______ ________ act!
POWERS OF LOCALITIES (DILLON'S RULE)

3-step process:

No EXPRESS, IMPLIED or INDISPENSABLE power?

The government (can/cannot) do it!

NOTE: This would be an ULTRA VIRES act!
INDISPENSABLE POWER

This power is that which is __________ ___________ to perform the declared objectives and functions of the government.
INDISPENSABLE POWER

This power is that which is ABSOLUTELY NECESSARY to perform the declared objectives and functions of the government.
IMPLIED POWER

(1) __________ or REASONABLY inferred from some express power; or

(2) ___________ to some express power.
IMPLIED POWER

(1) NECESSARILY or REASONABLY inferred from some express power; or

(2) INCIDENTAL to some express power.
EXPRESS POWER

(1) In the __________;

(2) In the GENERAL STATUTES; or in the

(3) In the _________ POWER
EXPRESS POWER

(1) In the CHARTER;

(2) In the GENERAL STATUTES; or

(3) In the POLICE POWER
ONLY the power granted to the local government by the STATE __________ can be used---no ______, no _______!
ONLY the power granted to the local government by the STATE LEGISLATURE can be used---no MORE, no LESS!
The CHARTER of a municipal corporation can be AMENDED by the __________, but ONLY by one of two methods:

(1) By ___________; or by

(2) PUBLIC ___________ w/ proper _________.
The CHARTER of a municipal corporation can be AMENDED by the __________, but ONLY if it follows one of two methods:

(1) By ELECTION; or by

(2) PUBLIC MEETING w/ proper NOTICE.
If the legislature AMENDS the charter, it shall ______ ______ be conclusive that they did it correctly.

--ie. There is a presumption that they amended correctly.
If the legislature AMENDS the charter, it shall IPSO FACTO be conclusive that they did it correctly.

--ie. There is a presumption that they amended correctly.
A municipal corporation charter (CAN/CANNOT) be amended by GENERAL STATUTORY ENACTMENT.
A municipal corporation charter CANNOT be amended by GENERAL STATUTORY ENACTMENT.
A municipal corporation charter (CAN/CANNOT) be amended by SPECIFIC STATUTORY ENACTMENT.
A municipal corporation charter CAN be amended by SPECIFIC STATUTORY ENACTMENT.

NOTE: It requires WORDS RECOGNIZING CHARTER & WISHING TO OVERRULE.
POWERS OF LOCALITIES (DILLON'S RULE)--3 STEP PROCESS

FIRST, is there an EXPRESS POWER?

o Can be found in the _______ if you're dealing w/ a municipal corporation.

o Can be found in ________ _________ if you're dealing w/ a municipal corporation and/or county.

o Look to the _______ POWER.

SECOND, is there an IMPLIED power?

o _________ or REASONABLY inferred from some express power.

o __________ to some express power.

THIRD, there could be an INDISPENSABLE POWER.

o This is that which is ___________ NECESSARY to perform the declared objectives and functions of that government.

No EXPRESS, IMPLIED, or INDISPENSABLE POWER? The government CANNOT do it! (NOTE: This is an ULTRA VIRES ACT).
POWERS OF LOCALITIES (DILLON'S RULE)--3 STEP PROCESS

FIRST, is there an EXPRESS POWER?

o Can be found in the CHARTER if you're dealing w/ a municipal corporation.

o Can be found in GENERAL STATUTES if you're dealing w/ a municipal corporation and/or county.

o Look to the POLICE POWER.

SECOND, is there an IMPLIED power?

o NECESSARILY or REASONABLY inferred from some express power.

o INCIDENTAL to some express power.

THIRD, there could be an INDISPENSABLE POWER.

o This is that which is ABSOLUTELY NECESSARY to perform the declared objectives and functions of that government.

No EXPRESS, IMPLIED, or INDISPENSABLE POWER? The government CANNOT do it! (NOTE: This is an ULTRA VIRES ACT).
NOTE: _________ are treated differently in tort than are CITIES or TOWNS!
NOTE: COUNTIES are treated differently in tort than are CITIES or TOWNS!
NORMAL POWERS OF CITIES AND TOWNS (ie. MUNICIPAL CORPORATION)

This includes the power to:

(1) SUE and ____ ______;

(2) ______ into K's;

(3) ACQUIRE, HOLD, and _______ of REVENUE;

(4) Exercise _______ DOMAIN;

(5) _______ money and issue tax-exempt ______; and

(6) ACQUIRE, HOLD, and DISPOSE of _______ and ______ PROPERTY.
NORMAL POWERS OF CITIES AND TOWNS (ie. MUNICIPAL CORPORATION)

This includes the power to:

(1) SUE and BE SUED;

(2) ENTER into K's;

(3) ACQUIRE, HOLD, and DISPOSE of REVENUE;

(4) Exercise EMINENT DOMAIN;

(5) BORROW money and issue tax-exempt BONDS; and

(6) ACQUIRE, HOLD, and DISPOSE of REAL and PERSONAL PROPERTY.
IS THE GOVERNMENT LIABLE? (7-step approach)

(1) Determine whether your government is a MUNICIPAL CORPORATION. If yes, it might be liable. If not, it has _________ ________ IN TORT.

(2) If you have a municipal corporation, determine whether it was performing a _________ or __________ function.

(3) If performing a ___________ function, it has __________ __________.

(4) If performing both governmental and proprietary functions, the ____________ function aspect prevails, and there is _________ __________.

(5) If performing a ___________ function, determine the DUTY owed to determine if the appropriate standard of care has been violated.

o GENERAL RULE: There is a standard of _________ _______.

o EXCEPTION: For operating a ________ FACILITY - the standard is _______ or ________ NEGLIGENCE.

(6) If you've got a proprietary function and the appropriate standard of care has been violated, you MAY be able to recover.

(7) The "__________ and ______ ___________" step.

o You must find that a written statement has been provided to that municipal corporation or entity stating the ______, _______, and _______ of the injury.

o The written statement must be given w/i _____ MONTHS after the accrual of the COA (unless injury prevents giving notice).

o The notice must be filed w/ the appropriate city or town official, or agent thereof.
IS THE GOVERNMENT LIABLE? (7-step approach)

(1) Determine whether your government is a MUNICIPAL CORPORATION. If yes, it might be liable. If not, it has ABSOLUTE IMMUNITY IN TORT.

(2) If you have a municipal corporation, determine whether it was performing a GOVERNMENTAL or PROPRIETARY function.

(3) If performing a GOVERNMENTAL function, it has ABSOLUTE IMMUNITY.

(4) If performing both governmental and proprietary functions, the GOVERNMENTAL function aspect prevails, and there is ABSOLUTE IMMUNITY.

(5) If performing a PROPRIETARY function, determine the DUTY owed to determine if the appropriate standard of care has been violated.

o GENERAL RULE: There is a standard of ORDINARY CARE.

o The EXCEPTION is the operation of a RECREATIONAL FACILITY - the standard is GROSS or WANTON NEGLIGENCE.

(6) If you've got a proprietary function and the appropriate standard of care has been violated, you MAY be able to recover.

(7) The "PROCEDURE and TIME LIMITATION" step.

o You must find that a written statement has been provided to that municipal corporation or entity stating the TIME, PLACE, and NATURE of the injury.

o The written statement must be given w/i 6 MONTHS after the accrual of the COA (unless injury prevents giving notice).

o The notice must be filed w/ the appropriate city or town official, or agent thereof.
GOVERNMENTAL FUNCTIONS

o ________ COLLECTION;

o STORM ________;

o ________ PROTECTION;

o FIRE ___________;

o Locality operating a __________;

o Locality maintaining a ________;

o CONTROLLING __________.
GOVERNMENTAL FUNCTIONS

o GARBAGE COLLECTION;

o STORM CLEAN-UP;

o POLICE PROTECTION;

o FIRE PROTECTION;

o Locality operating a HOSPITAL;

o Locality maintaining a JAIL;

o CONTROLLING TRAFFIC.
PROPRIETARY FUNCTIONS:

o Operation of a city ___________ ______;

o Operation of a POWER _______;

o Operation of a WATER ______;

o Any ________ UTILITY;

o PARKS or _______, AIRPORT, and SEWER and ____ SYSTEMS.
PROPRIETARY FUNCTIONS:

o Operation of a city SWIMMING POOL;

o Operation of a POWER PLANT;

o Operation of a WATER WORKS;

o Any PUBLIC UTILITY;

o PARKS or BEACHES, AIRPORT, and SEWER and GAS SYSTEMS.
LIABILITY OF EMPLOYEE

This involves the following 4 factors:

(1) _______ of the FUNCTION performed by the employee;

(2) The extent of governmental entity's ______ and INVOLVEMENT in the function;

(3) The ______ OF CONTROL and direction exercised by the governmental entity over the employee;

(4) Whether the alleged wrongful act involved the exercise of ________ and DISCRETION.
LIABILITY OF EMPLOYEE

This involves the following 4 factors:

(1) NATURE of the FUNCTION performed by the employee;

(2) The extent of governmental entity's INTEREST and INVOLVEMENT in the function;

(3) The DEGREE OF CONTROL and direction exercised by the governmental entity over the employee;

(4) Whether the alleged wrongful act involved the exercise of JUDGMENT and DISCRETION.
MUNICIPAL CORPORATION

What is the GOVERNING BODY?
MUNICIPAL CORPORATION

What is the GOVERNING BODY?

COUNCIL (TOWN or CITY)
COUNTY

What is the GOVERNING BODY?
COUNTY

What is the GOVERNING BODY?

BOARD OF SUPERVISORS
ZONING & LAND USE

Shall/may?

The governing body ______ create a local planning commission to determine changes in zoning.
ZONING & LAND USE

The governing body SHALL create a local planning commission to determine changes in zoning.
ZONING & LAND USE

Shall/may?

The planning commission ______ consist of not less than 5 nor more than 15 members.
ZONING & LAND USE

The planning commission SHALL consist of not less than 5 nor more than 15 members.
ZONING & LAND USE

Shall/may?

All members ______ have the knowledge and experience to make land use decisions.
ZONING & LAND USE

All members SHALL have the knowledge and experience to make land use decisions.
ZONING & LAND USE

Shall/may?

One-half of the members ______ own land in the locality.
ZONING & LAND USE

One-half of the members SHALL own land in the locality.
ZONING & LAND USE

Shall/may?

One member _____ be from the governing body (council/board).
ZONING & LAND USE

One member MAY be from the governing body (council/board).
ZONING & LAND USE

Shall/may?

One member _____ be a member of the administrative staff (city zoning staff, county zoning staff).
ZONING & LAND USE

One member MAY be a member of the administrative staff (city zoning staff, county zoning staff).
ZONING & LAND USE

Shall/may?

The planning commission _____ prepare and recommend a comprehensive plan for land development.
ZONING & LAND USE

The planning commission SHALL prepare and recommend a comprehensive plan for land development.
ZONING & LAND USE

Shall/may?

The governing body ______ adopt a subdivision ordinance.
ZONING & LAND USE

The governing body SHALL adopt a subdivision ordinance.
ZONING & LAND USE

Shall/may?

The governing body _____ create a zoning ordinance.
ZONING & LAND USE

The governing body MAY create a zoning ordinance.
ZONING TESTS:

(1) ________ REZONING;

(2) __________ DOWNZONING;

(3) COMPREHENSIVE ________.
ZONING TESTS:

(1) REGULAR REZONING;

(2) PIECEMEAL DOWNZONING;

(3) COMPREHENSIVE REZONING.
REGULAR REZONING

The governing body is acting in a _________ capacity. There is a presumption of _________. The burden is on the challenger to show that the decision was __________ or ___________. The court will ____ substitute its judgment if the decision was _________ debatable.
REGULAR REZONING

The governing body is acting in a LEGISLATIVE capacity. There is a presumption of VALIDITY. The burden is on the challenger to show that the decision was ARBITRARY or CAPRICIOUS. The court will NOT substitute its judgment if the decision was FAIRLY debatable.
COMPREHENSIVE REZONING

This standard is the same as that for regular rezoning. It is a FAIRLY __________ test.
COMPREHENSIVE REZONING

This standard is the same as that for regular rezoning. It is a FAIRLY DEBATABLE test.
PIECEMEAL DOWNZONING

Landowner must show that since the last time the property was zoned, there have been NO changes in circumstances that affect the public or any other property - then the burden shifts to the governing body to show fraud, mistake, or changed circumstances that are __________ __________; if the governing body does so, the board/council decision will be sustained.
PIECEMEAL DOWNZONING

Landowner must show that since the last time the property was zoned, there have been NO changes in circumstances that affect the public or any other property - then the burden shifts to the governing body to show fraud, mistake, or changed circumstances that are __________ __________; if the governing body does so, the board/council decision will be sustained.
BOARD OF ZONING APPEALS (BZA)

o Go to the BZA when you want or need a ________.

o The test is one of ________.

o Challenges to the decision of the BZA are to the ________ ________.

o The pleading filed is a petition for ________ OF ___________.
BOARD OF ZONING APPEALS (BZA)

o Go to the BZA when you want or need a VARIANCE.

o The test is one of HARDSHIP.

o Challenges to the decision of the BZA are to the CIRCUIT COURT.

o The pleading filed is a petition for WRIT OF CERTIORARI.
The POLICE POWER is a/an ________ power of the state.
The POLICE POWER is a/an INHERENT power of the state.
VIRGINIA TORT CLAIMS ACT

This does NOT apply to ______, ______, or ________.
VIRGINIA TORT CLAIMS ACT

This does NOT apply to CITIES, TOWNS, or COUNTIES.
ULTRA VIRES DOCTRINE

A K _______ the scope of a locality's power is _____________.
ULTRA VIRES DOCTRINE

A K BEYOND the scope of a locality's power is UNENFORCEABLE.
PARTIAL TAKING

The measure of damages to the residue of the property NOT taken is the ________ between the ________ ___________ VALUE immediately ________ and immediately ________ the taking.
PARTIAL TAKING

The measure of damages to the residue of the property NOT taken is the DIFFERENCE between the FAIR MARKET VALUE immediately BEFORE and immediately AFTER the taking.
ZONING VARIANCES

To grant a variance, the board of zoning appeals (BZA) must find that:

(1) There is ___________ _________;

(2) The hardship is ____ shared by surrounding properties; and

(3) The granting of the variance will _____ be of SUBSTANTIAL __________ to adjacent property or _______ the character of the area.
ZONING VARIANCES

To grant a variance, the board of zoning appeals (BZA) must find that:

(1) There is UNNECESSARY HARDSHIP;

(2) The hardship is NOT shared by surrounding properties; and

(3) The granting of the variance will NOT be of SUBSTANTIAL DETRIMENT to adjacent property or CHANGE the character of the area.
NOTE: If a zoning ordinance is ________ on its face, the applicant need ______ appeal to the board of zoning appeals (BZA) before resorting to the _________.
NOTE: If a zoning ordinance is INVALID on its face, the applicant need NOT appeal to the board of zoning appeals (BZA) before resorting to the COURTS.
ZONING

Who administers the regulatory scheme?

Appeals are to the ______ OF ZONING APPEALS, which has the power to authorize __________.

The board's decision may be reviewed by _______ for WRIT OF ___________ to the _________ COURT w/i ____ days of the board's decision.

Circuit court decisions are appealable to the VIRGINIA ________ _______.
ZONING

ZONING ADMINISTRATOR: One who administers the regulatory scheme.

Appeals are to the BOARD OF ZONING APPEALS, which has the power to authorize VARIANCES.

The board's decision may be reviewed by PETITION for WRIT OF CERTIORARI to the CIRCUIT COURT w/i 30 days of the board's decision.

Circuit court decisions are appealable to the VIRGINIA SUPREME COURT.
IMPORTANT!

GOVERNMENTAL FUNCTIONS-> immunity?

PROPRIETARY FUNCTIONS->
immunity?
IMPORTANT!

GOVERNMENTAL FUNCTIONS-> immunity

PROPRIETARY FUNCTIONS->
NO immunity