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46 Cards in this Set
- Front
- Back
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What's the definition of a city?
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1) Population of 5000 or more
2) Incorporated by charter by legislature |
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What's the difference between towns and cities?
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Cities are INDEPENDENT of the county, towns are not
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What is Dillon's Rule
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Localities have no inherent power, thus all power must be EXPRESSLY PROVIDED by legislature, or an IMPLIED POWER that is essential and indispensable for declared purpose of creating locality
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What are rules regarding delegation of localities' power?
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Can delegate but locality must retain power to Make law
AND Delegation must be controled by fixed and readily ascertainable standards |
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What's the limit on a locality to raise revenue through debt?
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10% of assessed valuation of real estate subject to taxation EXCEPT
1) Revenue Anticipation Bonds (to fill the gap between bill and collection) 2) Special Fund Bonds (Long term 3) Special Assessment 4) Pay for Judgments |
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Can a locality impose an income tax?
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NO
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What are requirements for a valid ordinance?
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1) Notice to alert residences affected
2) Majority vote of governing body 3) Ordinance is not VAGUE |
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What will ordinance be preempted?
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1) Expressly preempted
2) Area is regulated and ordinances are inconsistent with state law (is it possible to comply with both?) |
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What is a comprehensive plan?
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Every 5 years a locality must make a map with growth as designated and zoning ordinance
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What does the planning commission do?
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Does the public hearings, maps, and makes recommendations. Helps in making a comprehensive plan
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Who is in charge of administrating the zoning process?
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Zoning administrator
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Who deals with zoning violations?
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Zoning administrator?
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Where do zoning appeals go to?
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Board of zoning appeals
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Who issues variances or special use permits?
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Board of Zoning Appeals
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What are requirements to filing appeal to the BZA?
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Notice to zoning administrator and BZA within 30 DAYS.
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When will a variance be granted?
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1) Strict enforcement would result in UNDUE HARDSHIP not shared by other
2) Not SUBSTANTIALLY DETRIMENTAL to other property |
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What does conditional zoning generally involve?
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Applicant PROFFERS idea for development, and then conditional zoning plan established
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What must localities do in regard to zoning?
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They MUST regulate subdivisions
Must deal with plats, drainage, etc. |
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What is a locality prohibited from doing in regard to zoning?
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Can't outlaw all subdivisions
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What are presumptions and appeal rights regard to subdivision regulation?
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1) Presumed legal and correct
2) Can petition circuit court within 60 DAYS after denial of approval |
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When must a nonconforming use grandfathered status end?
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If you make a FUNDAMENTAL CHANGE to the property
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When will a landowner have a vested right to develop last as previously zoned?
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If locality makes SIGNIFICANT AFFIRMATIVE ACT supporting a particular planned use
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What do you do to appeal BZA decision?
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Writ of certiorari in circuit court within 30 days of decision of board
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What standard does Circuit use in reviewing BZA decision?
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1) erroneous principles of law or a misinterpretation of the zoning
2) Decision in error by preponderance of the evidence |
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What are the special rules for spot zoning?
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There are none! Still presume valid!
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Can you appeal a zoning decision to the VA SC?
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YES!
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Does a neighbor have standing to sue if someone is building something in violation of zoning/building permit?
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YES!
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Is a locality prevented from arguing it didn't have authority to make a contract?
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NO!
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Who is the only authority in regards to setting rates for a locality?
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The governming body! (council)
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When will a county be liable for a tort?
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never! It is always immune
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What is required to sue a county in contract claim?
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1) Must make demand to local governing body
2) If denies/neglect, sue within 30 days after denial |
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When do cities or towns face tort liability?
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When city/town engages in PROPRIETARY functions.
It is immune when it engages in political/public functions |
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What are the three examples of proprietary function?
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1) Maintenance of public ways
2) Provisions of utilities 3) Housing Authorities |
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If combination of public/proprietary, tie goes to?
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PUBLIC (governmental)
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When are public employees of locality immune from tort?
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1) Locality has sovereign immunity
2) Suit is for NEGLIGENCE 3) High Ranking official OR 4) Lower level if interest in extending immunity is strong |
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What are the four factors to consider for lower level employee getting immunity?
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1) Nature of function
2) Governmental interest in action 3) Degree and control over employee (more control = more immunity) 4) Did the wrongful act involve exercising judgment or discretion (more discretion = more immunity) |
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Who gets special automatic immunity?
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School boards, teachers, bus drivers, etc. EXCEPT if locality buys insurance for bus drivers, then not immune for amount of coverage
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What are rules for torts involving a recreational facility?
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Only responsible for GROSS/WANTON NEGLIGENCE
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If a public employee is grossly negligent/engages in intentional tort, who is liable?
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The employee ONLY
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What are requirements to sue in tort of a locality?
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1) Notice to a) locality attorney, b) mayor, or c) chief executive for negligence action WITHIN 6 MONTHS after cause of action arises
2) Must describe a) claim b) date, time, and place, and c) injury |
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What are requirements of a nuisance claim against a locality?
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1) If locality action is legal, must show NEGLIGENCE in operation to create negligence
2) If unauthorized by law, merely show dangerousness of condition 3) Provide 6 months notice |
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What are requirements for eminent domain?
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1) Public need for property
2) Declared in the resolution/ordinance 3) Good faith offer to landowner denied |
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What is the one thing legal under the U.S. Constitution prohibited by VA Law in regard to eminent domain?
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Eminent domain for improvement to tax base/creation of jobs
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What does condemned property owner get?
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FMV including rental income
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What does property owner get if part of property is taken, but it reduces the value of remaining property?
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Get FMV of property BEFORE the take
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What is required for a locality to dispose of public property?
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3/4 approval of the governing body
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