Va Local Government

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Local Gov Liability

Back 1

Counties - Immunity from tort claims of officers, agents or employees.

Cities/Towns/Other Municipal Corp - Sovereign immunity in tort only wrt Public Functions

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Dillon's Rule

Back 2

Locality can only exercise those powers expressed by statute and none other. Although "approved" cities and towns may exercise all powers not expressly prohibited (by constitution or legislature) that are necessary for the general welfare of its citizens or dersirable

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Power of Local Gov't Limit

Back 3

Limited and Granted by General Assembly.
Obligation bonds <10% of assessed valuation of real estate subject to taxation.

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Police Power

Back 4

Reserved to the States by the 10th Amendment, and vested in the municipal corporations for health, safety, morals + welfare, etc.

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Zoning

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Zoning laws are Presumed Reasonable. If invalid on its face, Locality has Burden of Proving Reasonableness.

Appeals to Board of Zoning Appeals, may be reviewed by petition for writ by Circuit Court, CC may be appealed to VA Supreme Court

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Vested Developments Rights

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Rights may be vested after issuance of "Special Use Permit" or
Locality makes Significant Affirmative Act or landowner Relies in Good Faith or
owner Incurs Extensive Obligations in Diligent Pursuit of the specific project in reliance on the Gov act

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Variance

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Applicant can request deviation from the set of rules a municipality applies to land use (e.g. zoning ordinance, building code or municipal code)

Board must find:
(2) Unnecessary Hardship not shared by surrounding properties and will (2) not be a detriment to them or the character of the district

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Ultra Vires

Back 8

A contract beyond the scope of Locality's power is Unenforceable

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Claims against Counties

Back 9

Take to Governing Body, If no response ---> to Circuit Court.
Counties are immune in tort, although tort of Property Damage --> P may "waive" the tort and sue on an implied K to pay for property wrongfully damaged/taken for public purposes under the "takings Clause" of the VA constitution

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Governmental vs. Proprietary

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A governmental function includes services that only the government does, such as restaurant inspection, animal control, health and safety permits and licenses, sanitation, vital statistics, and related functions. (NOT LIABLE)
A proprietary function is one that a private entity can perform, and is not uniquely for the benefit of the general public.

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Members of Gov Bodies

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Immunity unless intentional or willful misconduct or gross negligence

Front 12

Negligence and Immunity

Back 12

Liable for negligence arising out of proprietary functions.
Must have actual knowledge or constructive knowledge (should have discovered in exercise of ordinary care).
P <6 months written notice of injury with time and place

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Eminent Domain

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1. Public need for the property OR
2. Municipality cannot w/owner as to compensation OR
3. Owner is incapacitated, a nonresident, unknown or unable to convey good title.
AND
Public Use AND Just Compensation (FMV)

In Circuit Court

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Disposition of Property

Back 14

resolution of 3/4 vote or ordinance