Political subdivisions of Virginia
Encyclopedia
The political subdivisions of Virginia are the areas into which the Commonwealth of Virginia, a U.S. state
, is divided for political and administrative purposes. Some are local governments
; others are not. However, all local governments (cities, counties, and incorporated towns) are political subdivisions of the state.
According to the 2002 Census of Governments, Virginia ranked 43rd among the 50 states in the number of local governments, with 521 as of June 2002.
, covering all of the territory not within the independent cities. Under Virginia law, counties are an arm of the state itself, and exist at the will of the state government. Their populations vary widely; 2009 population estimates ranged from 2,338 for Highland County
to 1,037,605 for Fairfax County
.
Since Virginia has no civil township
s, and since incorporated town
s cover such a small area of the state, the county is the de facto municipal government for much of the state, from rural areas to densely populated unincorporated area
s such as Tysons Corner
. In fact, Arlington County
, while entirely urbanized, has no towns at all; the county is the only general-purpose local government and is thus similar to a unitary authority.
in the United States, 39 are in Virginia. The three that are not in Virginia are Baltimore, Maryland
; St. Louis, Missouri
; and Carson City, Nevada
. In Virginia, all municipalities incorporated as "cities" have also been "independent cities" since 1871. Cities in Virginia are thus similar to unitary authorities
in some countries. Other municipalities, even though they may be more populous than some existing independent cities, are incorporated as "town
s", and as such form part of a county. An independent city in Virginia may serve as the county seat
of an adjacent county, even though the city by definition is not part of that county. An example is Fairfax
, which is an independent city as well as the seat of Fairfax County
. The United States Census Bureau
treats all cities in Virginia as county-equivalent
s.
A city can be formed from any area with a defined boundary
having a population
of 5,000 or more. Cities have been formed in the following ways:
Where the residents of an area of sufficient size wish to incorporate as a city, they must petition the Virginia state legislature to grant them a municipal charter
.
Virginia also has unincorporated communities which are also called towns colloquially.
. The charter is a form of contract, and the municipality has no power to do any act outside of its charter. This limitation is pursuant to Dillon's Rule, which is observed in Virginia. Typically, the powers thus extended to a municipality usually include the following:
State law prohibits municipalities from having an amount of outstanding debt greater than 10% of the value of the taxable real estate within that municipality, with a few exceptions made for certain kinds of bonds, particularly those used to fund projects expected to make enough money to repay the bonds within a set time frame. Municipalities are also prohibited from enacting income tax
es, but they may impose licensing fees on specific occupations, and the Virginia Supreme Court has held that such licensing fees can be adjusted upwards or downwards to reflect the level of income of a particular business.
Both cities and towns in Virginia have certain functions that are considered "public" functions - such as having police apprehend criminals, or educating children - and others that are considered "private" functions - such as holding a town fair or landscaping around sidewalks on private land. The legal significance of this distinction lies in the liability of the municipality to be sued by someone injured by its employees.
Some limitations exist on the power to enact ordinances. The United States Constitution
requires that laws, including municipal ordinances, may not be arbitrary or discriminatory, and may not be unreasonably vague
, so that a resident may be reasonably certain that their conduct conforms to the law. Furthermore, local governments can not delegate the power to enact ordinances to other bodies. However, they may establish fixed and certain standards for carrying out certain activities (such as home building or operating restaurants), and then delegate to subordinate bodies the power to make rules governing how residents can demonstrate compliance with these standards.
A resident who wishes to challenge the validity of an ordinance need not wait until it has been enforced against them (although it may be challenged at that time). Instead, a resident may bring an action for a declaratory judgment
alleging that the ordinance is void because it was not properly noticed, goes beyond the county charter, is arbitrary, discriminatory, or unreasonably vague, or that it is preempted by state or federal law. An ordinance will be deemed preempted if it addresses an activity for which the state has prohibited local regulation altogether, or where it is inconsistent with state law. An ordinance may not permit an activity that is expressly prohibited by state law, or prohibits an activity that is expressly permitted by state law. However, if some state regulation exists as to an activity, political subdivisions may impose further regulations on that activity so long as it is possible for a resident to comply with both sets of regulations.
s and settle boundary
disputes. The standard for granting of variances is that the party requesting the variance faces an unnecessary hardship unique to that party, but that adjacent property will not suffer a substantial detriment, and the character of the district will not be changed. The board may also grant special use permits allowing a property owner to use a property for a purpose that is neither specifically permitted nor specifically prohibited within a particular zoning area, and such permits may be conditioned on the property owner making concessions such as improving roads leading into the property, providing street lighting in the area, or setting aside a certain amount of land for public use. The board of zoning appeals may be appealed to the local Circuit Court
if such an appeal is filed within 30 days of the zoning board decision, and from there decisions may be appealed directly to the Virginia Supreme Court.
against property in its jurisdiction, provided that it comports with the requirements set forth by Virginia law. All localities are empowered by their charters to acquire property through condemnation. In order to effect such a seizure of property, the local government must demonstrate that a public need for the property exists, which must be declared in a resolution or ordinance passed through the usual process for passing ordinances. The locality must make a good-faith offer to purchase the land at a value appraised by the city.
Following the United States Supreme Court decision in Kelo v. City of New London
, the Virginia legislature enacted limitations on the purposes for which property could be taken, specifying that public uses include government offices, utilities, and prevention of urban blight. However, the statute excludes the power to condemn property for the purpose of giving that property to private parties, even if this will create jobs or increase the tax base of the locality.
The government, in asserting eminent domain, must pay the owner the fair market value
of that land. If the government takes only part of the property, it must pay both the value of the land that was taken, plus any decrease in the market value of the remaining portion (called the "residue"). A person who contests the value assessed for such a taking is entitled to empanel a committee of jurors to determine the fair value. A resident can also seek compensation for damage to the value of real property arising out of government activity through an action for inverse condemnation. The immunity to suit generally enjoyed by local governments does not apply to such actions, pursuant to the Fifth Amendment to the United States Constitution
as incorporated through the Fourteenth Amendment
.
s in most other states, Virginia's school divisions are not completely separate units of local government. This is because no school division has taxing authority. Instead, they are dependent upon their associated city, town, or county governments for at least a portion of their funding. Additional funds may come directly to a school division, typically from state and federal sources.
Several examples of the many special districts and agencies created as political subdivisions for specific purposes are:
An exception is the Washington Metropolitan Area Transit Authority
. Although it serves suburbs in Virginia (and Maryland), the Census Bureau counts it as a District of Columbia special district for statistical purposes.
s established for elections, administrative functions, or both. They are not separate units of local government.
§ 15.2-3534, when multiple local governments consolidate to form a consolidated city, the consolidated city may be divided into geographical subdivisions called "boroughs", which may be the same as the existing (i) cities, (ii) counties, or (iii) portions of such counties. Those boroughs are not separate local governments.
For example, Chesapeake
is divided into six boroughs, one corresponding to the former city of South Norfolk
and one corresponding to each of the five magisterial districts of the former Norfolk County
. Suffolk
is divided into seven boroughs, one corresponding to the former city of Suffolk and one corresponding to each of the six magisterial districts of the former Nansemond County
. In Virginia Beach
, the seven boroughs were abolished effective July 1, 1998.
In recent years, Virginia has tried to encourage regional cooperation among localities. Special favorable funding for regional jails has been one area were incentives have encouraged such efforts. However, Virginia's annexation laws and past experiences have long been felt by many leaders to be a barrier to regional cooperation among localities.
, state funding formulas have tended to favor rural areas, and growth through annexation was seen as a counter-measure financially by many cities and towns. However, such actions are often controversial and in some cases, have resulted in protracted and costly legal proceedings. They also often leave residents of an annexed area feeling that they had no say in the process.
. Many incorporated (formally constituted) localities, including counties, cities, and towns, some over 250 years old, became legally extinct between 1952 and 1975. A law passed by the General Assembly
in 1960 allowed any city and adjacent county to consolidate by mutual agreement. Of the 10 current independent cities of the Hampton Roads
region, fully 8 of them adjoin others. In the region, only the cities of Franklin
and Williamsburg
are surrounded by traditional counties.
This transition left the region with some oddities, such as the entire Virginia portion of the Great Dismal Swamp
being located entirely within cities (Chesapeake
and Suffolk
) and the rise of Virginia Beach to the most populous city in the state (usurping Norfolk
), even though it lacks the urban characteristics typically associated with large cities. It was noted by some academicians that the primary motivation for the changes in most, if a not all instances, was fear of annexation, rather than more positive factors.
In 1940, the City of Richmond annexed 10 square miles (25.9 km²) of Henrico County. In the two decades that followed, the little bedroom community known as Henrico County began to shape its own identity. When the City of Richmond decided once again that they needed to expand, things had changed.
In 1959, there were just over 107 thousand residents in Henrico County. By 1965 that number had increased by nearly 40 thousand. Nationwide, urban flight was on the rise as people flocked to neighboring counties. As a result, Virginia’s cities began to look across their borders for much needed tax relief.
In the late 1950s and early 60s, annexing just a small portion of a neighboring county became largely a thing of the past. In order to meet the needs of their growing populations, some cities and counties throughout Virginia began to merge entirely (through the consolidation process enabled by the 1960 Virginia General Assembly).
In 1959, local business owners in the City of Richmond reacted to the statewide trend, and jump-started the process toward a consolidation agreement with Henrico County. In attempt to reach a mutual agreement, each locality appointed three negotiators to represent its interests. Once a plan was agreed upon, the citizens of both Richmond and Henrico were asked to approve the merger in a vote, held on December 12, 1961. The merger failed at the polls, and just two weeks later, on December 27, 1961, Richmond City Council filed suit to annex 142 square miles (367.8 km²) of Henrico County.
It would take more than three years for the special annexation court to announce its decision. Finally, on April 27, 1964, the court ruled in favor of the City of Richmond, but it only awarded the city 17 square miles (44 km²) of the 142 square miles (367.8 km²) that it had requested. The City of Richmond then declined to accept and pay for the land that was awarded in the annexation.
During the years that followed, Henrico County was granted immunity from the threat of annexation and consolidation, a State law that is still in force today.
More problems and hard feelings arose from a Richmond-Chesterfield case which began in 1965; they were later used as prime examples of obstacles to regional cooperation as the state legislators have considered changes. The resulting 1970 annexation was exceptionally controversial and took more than seven years to be resolved in court.
In that case, while the annexation lawsuit filed by Richmond in 1965 was being heard, with the city seeking 51 square miles (132 km²) of the county, the leaders of the two jurisdictions, Irvin G. Horner, the chairman of the Chesterfield County
Board of Supervisors, and Phil J. Bagley, Jr., the mayor of the City of Richmond
, met privately and agreed to this compromise.
In May 1969, the Horner-Bagley Compromise, as it came to be called, was approved by the county and city and incorporated in a court decree of July 12, 1969. This effectively shut out a number of third parties attempting to block the annexation, who felt they had been excluded from the process. An example among these was a small commuter bus company holding an operating rights in the county, whereas the city granted its bus franchise to a competitor. Taxicab
operators were similarly impacted. More significantly, 47,000 people found themselves living in a different jurisdiction without a public referendum.
The Chesterfield-Richmond annexation agreement resulted in Richmond receiving 23 square miles (60 km²) of the county, as well as fire stations, parks, and other infrastructure such as water and sewer lines. Under the agreement, approximately a dozen public schools, support buildings, and future school sites were conveyed to the City of Richmond to be operated by Richmond Public Schools
. Compounding the unhappiness of many of the residents of the annexed area was the fact that Richmond Public Schools was already involved in a desegregation
lawsuit in the U.S. Federal Courts. The schools involved in the annexed area included the Huguenot High School
, the Fred D. Thompson Middle School, the Elkhardt Middle School, and eight elementary schools. In 1971, these schools were included in a court-ordered desegregation busing
program, which was finally ceased sometime during the 1990s.
Many of the 47,000 residents who lived in the annexed area of the compromise of 1970 had been opposed to the annexation. They fought unsuccessfully for over seven years in the courts to have the annexation reversed, and ruefully called it the 23 square miles (60 km²) zone "Occupied Chesterfield."
At the same time, black plaintiffs who had lived in the city prior to the annexation claimed a violation of the National Voting Rights Act of 1965. The claim was that their voting power had been deliberately diminished by the attempts of city leaders to add white voters and dilute to black vote. The pre-annexation population of the city as of 1970 was 202,359, of which 104,207 or 52% were black citizens. The annexation added to the city 47,262 people, of whom 1,557 were black and 45,705 were non-black. The post-annexation population of the city was therefore 249,621, of which 105,764 or 42% were black. The plaintiffs prevailed in court by creation of a ward system which guaranteed black voters would be represented fairly in city government.
In some instances, neighboring localities have entered into agreements, such as a revenue sharing agreement between the independent city of Charlottesville
and surrounding Albemarle County
. Beginning in 1982, in return for receiving a portion of annual county tax revenues, the city agreed to not attempt to annex portions of the county. The agency's website lists many such deals between municipal neighbors.
Additionally, in 1979, the Virginia General Assembly
adopted legislation that allowed any county meeting certain population and density standards to petition the local circuit court to declare the county permanently immune from annexation by any city with over 100,000 in population. In 1981, Chesterfield County and several other counties in the state subsequently sought and received such immunity from further annexation by Richmond.
In 1987, the General Assembly, recognizing the controversy surrounding annexations in Virginia, placed a moratorium on future annexations of any county by any city. However, even when this moratorium expires, as it is currently scheduled to do in 2010, Chesterfield County will remain immune from annexation by Richmond because of the 1981 grant of immunity. However, unless new legislation or revenue sharing or other agreements are reached, the county will potentially be exposed to annexation suits by any of the 3 smaller independent cities ( Colonial Heights, Hopewell, and Petersburg) which adjoin it, as will other localities.
In 2007, a Bill to extend the existing moratorium against annexations by cities from 2010 to 2020 passed both houses of the Virginia General Assembly, but was vetoed by Virginia Governor Tim Kaine
. The Virginia Municipal League reported: "The governor said that there was no rush on this extension, and that the legislature should study the impact of the annexation moratorium on cities. The moratorium applies only to a limited number of cities. Many cities are barred from annexation by either geography or by other laws establishing the ability of counties to obtain complete or partial immunity from annexation."
, and unjust enrichment
. This limitation also applies where the subject of the contract is permissible under the charter, but the manner in which the contract is made or awarded violates proscriptions set forth in the charter. For example, if the charter requires that contracts for provision of a public service be awarded to the lowest bidder in an open bidding process, and such a process is not used to award the contract, then the contract itself is void and the private party to the contract will have no recourse to enforce the local government's obligations thereunder.
Individual employees of a local government, including the highest-level executives of that body, have no power to bind the local government to a contract that is void due to one of the above scenarios. This is because the limitations on the power of the local government to contract are a matter of public record. As a general rule, the individual employee is immune from being sued for inadvertently entering into a void contract with a private party. However, this immunity does not extend to the intentional tort of fraud
. If a local government employee knowingly and intentionally made a false representation to a third party that the local government would be bound to a particular contract, that employee could be sued for damages suffered by the third party's reliance on that false promise.
Where a local government makes a contract that is within its power, and then fails to perform its obligations under the contract, it may be sued in the same manner as any other entity, and may raise all defenses typically available in a contract action. However, if it is a county government that is alleged to be in breach, Virginia law imposes several additional steps before a lawsuit may be brought. Specifically, the claim must be formally presented to the county's governing body for an allowance, and it is only after that governing body has disallowed the claim that its decision may be appealed to the Virginia Circuit Court
. The claim must be brought within thirty days of the disallowance if the claimant is present when the governing body so decides; if the claimant is not present, the claim must be brought within thirty days of the claimant receiving notice of the disallowance. In either case, the appeal must specify that the required presentment was made. This rule also applies to equitable claims for monetary relief.
of the state with respect to actions brought under certain limitations. However, by the terms of the statute itself, this waiver does not extend to political subdivisions. Thus, counties, which are considered to be arms of the state, still carry the state's traditional complete immunity from tort
lawsuits. Cities and towns are not considered arms of the state, and are only held to be immune from such lawsuits if the city or town was exercising a public or "governmental" function. Such functions have been held to include police and firefighting activities, and education. However, a city or town may be sued when carrying out a "proprietary" function, such as providing gas, electricity, water, sewage collection and disposal
, or storm drain
age. With regards to building and maintaining of roads, and laying out roads is considered to be a governmental function, but cleaning and maintaining roads and public ways that have already been laid out is deemed to be proprietary. An activity that combines governmental and proprietary functions is clothed in the protection of governmental functions. A suit can not be brought based on an unsafe condition of the street unless the municipality is first given reasonable notice and allowed a reasonable amount of time to remedy it. The operation of public recreational facilities is stated by the state statute to fall within the immunity of governmental function.
Virginia does not recognize the doctrine of res ipsa loquitur
when applied against local governments providing such services, so the civil plaintiff is required to prove that the local government is responsible for the condition that led to damage or injury. Political subdivisions may waive their sovereign immunity, and wherever and whenever a local government purchases insurance
for its vehicles, such as cars, trucks, and buses, that local government will be ruled to have waived its sovereign immunity up to the amount of the policy. A municipality can be sued for nuisance
s - the negligent creation of a hazardous situation - even if the nuisance was created in the course of carrying out a governmental function.
In addition to the aforementioned limitations, a plaintiff seeking to sue a city or county in tort must provide the subdivision with notice, said notice including the nature of the claim, and the date and location of the injury, within six months after the claim arises. This notice must be provided to one of a set list of people set forth in state statute, these being the subdivision's attorney
, mayor
, or chief executive.
(as opposed to "ordinary" negligence) or for intentional tort
s. High-level employees, such as mayors, city managers, and judges, are immune for decisions made within the scope of their employment. The immunity of lower level employees is determined by examining four factors set forth by the Virginia Supreme Court in James v. Jane:
Where an employee is grossly negligent, or engages in intentional torts, the employee may be held liable, but the locality remains immune so long as the employee was providing a governmental function.
Independent contractor
s are not considered employees, and are therefore not subject to any kind of immunity.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, is divided for political and administrative purposes. Some are local governments
Local government in the United States
Local government in the United States is generally structured in accordance with the laws of the various individual states. Typically each state has at least two separate tiers: counties and municipalities. Some states have their counties divided into townships...
; others are not. However, all local governments (cities, counties, and incorporated towns) are political subdivisions of the state.
According to the 2002 Census of Governments, Virginia ranked 43rd among the 50 states in the number of local governments, with 521 as of June 2002.
Counties
Virginia has 95 countiesCounty (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
, covering all of the territory not within the independent cities. Under Virginia law, counties are an arm of the state itself, and exist at the will of the state government. Their populations vary widely; 2009 population estimates ranged from 2,338 for Highland County
Highland County, Virginia
As of the census of 2000, there were 2,536 people, 1,131 households, and 764 families residing in the county. The population density was 6 people per square mile . There were 1,822 housing units at an average density of 4 per square mile...
to 1,037,605 for Fairfax County
Fairfax County, Virginia
Fairfax County is a county in Virginia, in the United States. Per the 2010 Census, the population of the county is 1,081,726, making it the most populous jurisdiction in the Commonwealth of Virginia, with 13.5% of Virginia's population...
.
Since Virginia has no civil township
Civil township
A civil township is a widely used unit of local government in the United States, subordinate to, and geographic divisions of, a county. Specific responsibilities and the degree of autonomy vary based on each state. Civil townships are distinct from survey townships, but in states that have both,...
s, and since incorporated town
Incorporated town
-Canada:Incorporated towns are a form of local government in Canada, which is a responsibility of provincial rather than federal government.-United States:...
s cover such a small area of the state, the county is the de facto municipal government for much of the state, from rural areas to densely populated unincorporated area
Unincorporated area
In law, an unincorporated area is a region of land that is not a part of any municipality.To "incorporate" in this context means to form a municipal corporation, a city, town, or village with its own government. An unincorporated community is usually not subject to or taxed by a municipal government...
s such as Tysons Corner
Tysons Corner, Virginia
Tysons Corner is an unincorporated census-designated place in Fairfax County, Virginia, United States. Part of the Washington Metropolitan Area located in Northern Virginia, Tysons Corner lies between the community of McLean and the town of Vienna along the Capital Beltway . The population was...
. In fact, Arlington County
Arlington County, Virginia
Arlington County is a county in the Commonwealth of Virginia. The land that became Arlington was originally donated by Virginia to the United States government to form part of the new federal capital district. On February 27, 1801, the United States Congress organized the area as a subdivision of...
, while entirely urbanized, has no towns at all; the county is the only general-purpose local government and is thus similar to a unitary authority.
Independent cities
The organization of its cities as independent cities is the most noteworthy aspect of Virginia local government relative to the other 49 states. Of the 42 independent citiesIndependent city
An independent city is a city that does not form part of another general-purpose local government entity. These type of cities should not be confused with city-states , which are fully sovereign cities that are not part of any other sovereign state.-Historical precursors:In the Holy Roman Empire,...
in the United States, 39 are in Virginia. The three that are not in Virginia are Baltimore, Maryland
Baltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
; St. Louis, Missouri
St. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...
; and Carson City, Nevada
Carson City, Nevada
The Consolidated Municipality of Carson City is the capital of the state of Nevada. The words Consolidated Municipality refer to a series of changes in 1969 which abolished Ormsby County and merged all the settlements contained within its borders into Carson City. Since that time Carson City has...
. In Virginia, all municipalities incorporated as "cities" have also been "independent cities" since 1871. Cities in Virginia are thus similar to unitary authorities
Unitary authority
A unitary authority is a type of local authority that has a single tier and is responsible for all local government functions within its area or performs additional functions which elsewhere in the relevant country are usually performed by national government or a higher level of sub-national...
in some countries. Other municipalities, even though they may be more populous than some existing independent cities, are incorporated as "town
Town
A town is a human settlement larger than a village but smaller than a city. The size a settlement must be in order to be called a "town" varies considerably in different parts of the world, so that, for example, many American "small towns" seem to British people to be no more than villages, while...
s", and as such form part of a county. An independent city in Virginia may serve as the county seat
County seat
A county seat is an administrative center, or seat of government, for a county or civil parish. The term is primarily used in the United States....
of an adjacent county, even though the city by definition is not part of that county. An example is Fairfax
Fairfax, Virginia
The City of Fairfax is an independent city forming an enclave within the confines of Fairfax County, in the Commonwealth of Virginia in the United States. Although politically independent of the surrounding county, the City is nevertheless the county seat....
, which is an independent city as well as the seat of Fairfax County
Fairfax County, Virginia
Fairfax County is a county in Virginia, in the United States. Per the 2010 Census, the population of the county is 1,081,726, making it the most populous jurisdiction in the Commonwealth of Virginia, with 13.5% of Virginia's population...
. The United States Census Bureau
United States Census Bureau
The United States Census Bureau is the government agency that is responsible for the United States Census. It also gathers other national demographic and economic data...
treats all cities in Virginia as county-equivalent
County-equivalent
A county-equivalent in the United States is a term used by the federal government to describe one of the two following governmental subdivisions:#A unit of local government in certain states which is comparable to a county as found in most states....
s.
A city can be formed from any area with a defined boundary
Boundary (real estate)
A unit of real estate or immovable property is limited by a legal boundary. The boundary may appear as a discontinuation in the terrain: a ditch, a bank, a hedge, a wall, or similar, but essentially, a legal boundary is a conceptual entity, a social construct, adjunct to the likewise abstract...
having a population
Population
A population is all the organisms that both belong to the same group or species and live in the same geographical area. The area that is used to define a sexual population is such that inter-breeding is possible between any pair within the area and more probable than cross-breeding with individuals...
of 5,000 or more. Cities have been formed in the following ways:
- An area within a county, which may or may not have been a town previously, incorporates as a city and thus becomes independent. An example is Falls ChurchFalls Church, VirginiaThe City of Falls Church is an independent city in Virginia, United States, in the Washington Metropolitan Area. The city population was 12,332 in 2010, up from 10,377 in 2000. Taking its name from The Falls Church, an 18th-century Anglican parish, Falls Church gained township status within...
, which separated from Fairfax County. - A county is converted into a city. An example was the former city of NansemondNansemond, VirginiaNansemond is an extinct independent city which was located in the State of Virginia in the United States from 1972 until 1974. It was created from Nansemond County, Virginia, and is now part of the independent city of Suffolk, Virginia.-History:...
. - Various local governments consolidate to form a city. An example is ChesapeakeChesapeake, VirginiaAs of the census of 2000, there were 199,184 people, 69,900 households, and 54,172 families residing in the city. The population density was 584.6 people per square mile . There were 72,672 housing units at an average density of 213.3 per square mile...
, which resulted from the consolidation of the former city of South NorfolkSouth Norfolk, VirginiaSouth Norfolk was an independent city in the South Hampton Roads region of eastern Virginia and is now a section of the City of Chesapeake, one of the cities of Hampton Roads which surround the harbor of Hampton Roads and are linked by the Hampton Roads Beltway.-History:Located a few miles south of...
with the former county of NorfolkNorfolk County, VirginiaNorfolk County was a county of the South Hampton Roads in eastern Virginia in the United States that was created in 1691. After the American Civil War, for a period of about 100 years, portions of Norfolk County were lost and the territory of the county reduced as they became parts of the separate...
.
Where the residents of an area of sufficient size wish to incorporate as a city, they must petition the Virginia state legislature to grant them a municipal charter
Municipal charter
A city charter or town charter is a legal document establishing a municipality such as a city or town. The concept developed in Europe during the middle ages....
.
Towns
Unlike Virginia's cities, and like municipalities in most other states, incorporated towns are municipalities that are within counties. Local government is thus divided between the town and the county. A town can be formed from any area with a defined boundary having a population of 1,000 or more. The method for forming towns is the same as for cities, petitioning the state legislature to grant a charter.Virginia also has unincorporated communities which are also called towns colloquially.
Powers of municipalities
Under Virginia law, a municipalty, whether a city or a town, must have a municipal charterMunicipal charter
A city charter or town charter is a legal document establishing a municipality such as a city or town. The concept developed in Europe during the middle ages....
. The charter is a form of contract, and the municipality has no power to do any act outside of its charter. This limitation is pursuant to Dillon's Rule, which is observed in Virginia. Typically, the powers thus extended to a municipality usually include the following:
- Exercising the general police powerPolice powerIn United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...
to enact and enforce rules and regulations to promote the health, safety, morals, or welfare of its citizens, provided that such rules may not be arbitrary, discriminatory, or unreasonable. - Imposing taxTaxTo tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
es on its residents, usually in the form of a local property taxProperty taxA property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...
or sales taxSales taxA sales tax is a tax, usually paid by the consumer at the point of purchase, itemized separately from the base price, for certain goods and services. The tax amount is usually calculated by applying a percentage rate to the taxable price of a sale....
. - Borrowing money and issuing tax-exempt bonds, with the caveat that bonds generally may not be issued unless they have been authorized by either a ballot vote or a special hearing, and only for the purpose of making capital expenditures.
- Acquiring, possessing, and expending the revenue acquired through the above means.
- Hiring and firing personnel.
- Entering into contractContractA contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s for the fulfillment of other functions within its powers. However a contract between a municipality and another party to do something outside of its charter is ultra viresUltra viresUltra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
, and therefore unenforceable as a nullity. - Acquiring, possessing, and disposing of real propertyReal propertyIn English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
, including through the exercise of the power of eminent domainEminent domainEminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
. - Acquiring, possessing, and disposing of personal propertyPersonal propertyPersonal property, roughly speaking, is private property that is moveable, as opposed to real property or real estate. In the common law systems personal property may also be called chattels or personalty. In the civil law systems personal property is often called movable property or movables - any...
. - Initiating lawsuitLawsuitA lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s.
State law prohibits municipalities from having an amount of outstanding debt greater than 10% of the value of the taxable real estate within that municipality, with a few exceptions made for certain kinds of bonds, particularly those used to fund projects expected to make enough money to repay the bonds within a set time frame. Municipalities are also prohibited from enacting income tax
Income tax
An income tax is a tax levied on the income of individuals or businesses . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate...
es, but they may impose licensing fees on specific occupations, and the Virginia Supreme Court has held that such licensing fees can be adjusted upwards or downwards to reflect the level of income of a particular business.
Both cities and towns in Virginia have certain functions that are considered "public" functions - such as having police apprehend criminals, or educating children - and others that are considered "private" functions - such as holding a town fair or landscaping around sidewalks on private land. The legal significance of this distinction lies in the liability of the municipality to be sued by someone injured by its employees.
Ordinances
One of the powers granted by the state to political subdivisions is the power to enact local regulations regarding matters covered by the local charter, called ordinances. In order to pass an ordinance, a locality must provide published notice of the proposed ordinance prior to its enactment, including the text of the ordinance or a reasonable summary thereof, and particularly directed to the attention of residents likely to be affected by it and advising such residents of their ability to object to the proposal. The ordinance must be debated in a public meeting, and passed by a majority vote of the governing body of that subdivision.Some limitations exist on the power to enact ordinances. The United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
requires that laws, including municipal ordinances, may not be arbitrary or discriminatory, and may not be unreasonably vague
Void for vagueness
Void for vagueness is a legal concept in American constitutional law that states that a given statute is void and unenforceable if it is too vague for the average citizen to understand. There are several ways, senses or reasons a statute might be considered vague...
, so that a resident may be reasonably certain that their conduct conforms to the law. Furthermore, local governments can not delegate the power to enact ordinances to other bodies. However, they may establish fixed and certain standards for carrying out certain activities (such as home building or operating restaurants), and then delegate to subordinate bodies the power to make rules governing how residents can demonstrate compliance with these standards.
A resident who wishes to challenge the validity of an ordinance need not wait until it has been enforced against them (although it may be challenged at that time). Instead, a resident may bring an action for a declaratory judgment
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...
alleging that the ordinance is void because it was not properly noticed, goes beyond the county charter, is arbitrary, discriminatory, or unreasonably vague, or that it is preempted by state or federal law. An ordinance will be deemed preempted if it addresses an activity for which the state has prohibited local regulation altogether, or where it is inconsistent with state law. An ordinance may not permit an activity that is expressly prohibited by state law, or prohibits an activity that is expressly permitted by state law. However, if some state regulation exists as to an activity, political subdivisions may impose further regulations on that activity so long as it is possible for a resident to comply with both sets of regulations.
Zoning
Every municipality is required to maintain a publicly accessible zoning map indicating what parcels of property within the municipality may be used for what purpose. This map must be updated at least every five years. Every municipality is required by state law to have a zoning administrator who oversees the local government's regulatory scheme, and is generally the party responsible for bringing legal actions against zoning violators. Each municipality is also required to have a board of zoning appeals empowered to grant varianceVariance
In probability theory and statistics, the variance is a measure of how far a set of numbers is spread out. It is one of several descriptors of a probability distribution, describing how far the numbers lie from the mean . In particular, the variance is one of the moments of a distribution...
s and settle boundary
Boundary (real estate)
A unit of real estate or immovable property is limited by a legal boundary. The boundary may appear as a discontinuation in the terrain: a ditch, a bank, a hedge, a wall, or similar, but essentially, a legal boundary is a conceptual entity, a social construct, adjunct to the likewise abstract...
disputes. The standard for granting of variances is that the party requesting the variance faces an unnecessary hardship unique to that party, but that adjacent property will not suffer a substantial detriment, and the character of the district will not be changed. The board may also grant special use permits allowing a property owner to use a property for a purpose that is neither specifically permitted nor specifically prohibited within a particular zoning area, and such permits may be conditioned on the property owner making concessions such as improving roads leading into the property, providing street lighting in the area, or setting aside a certain amount of land for public use. The board of zoning appeals may be appealed to the local Circuit Court
Virginia Circuit Court
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts has authority to try cases with an amount in controversy of more than $4,500 and has...
if such an appeal is filed within 30 days of the zoning board decision, and from there decisions may be appealed directly to the Virginia Supreme Court.
Eminent domain and inverse condemnation
A political subdivision may exercise eminent domainEminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
against property in its jurisdiction, provided that it comports with the requirements set forth by Virginia law. All localities are empowered by their charters to acquire property through condemnation. In order to effect such a seizure of property, the local government must demonstrate that a public need for the property exists, which must be declared in a resolution or ordinance passed through the usual process for passing ordinances. The locality must make a good-faith offer to purchase the land at a value appraised by the city.
Following the United States Supreme Court decision in Kelo v. City of New London
Kelo v. City of New London
Kelo v. City of New London, 545 U.S. 469 was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development...
, the Virginia legislature enacted limitations on the purposes for which property could be taken, specifying that public uses include government offices, utilities, and prevention of urban blight. However, the statute excludes the power to condemn property for the purpose of giving that property to private parties, even if this will create jobs or increase the tax base of the locality.
The government, in asserting eminent domain, must pay the owner the fair market value
Fair market value
Fair market value is an estimate of the market value of a property, based on what a knowledgeable, willing, and unpressured buyer would probably pay to a knowledgeable, willing, and unpressured seller in the market. An estimate of fair market value may be founded either on precedent or...
of that land. If the government takes only part of the property, it must pay both the value of the land that was taken, plus any decrease in the market value of the remaining portion (called the "residue"). A person who contests the value assessed for such a taking is entitled to empanel a committee of jurors to determine the fair value. A resident can also seek compensation for damage to the value of real property arising out of government activity through an action for inverse condemnation. The immunity to suit generally enjoyed by local governments does not apply to such actions, pursuant to the Fifth Amendment to the United States Constitution
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
as incorporated through the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
School divisions
A school division is the area under a jurisdiction of a school board. Unlike school districtSchool district
School districts are a form of special-purpose district which serves to operate the local public primary and secondary schools.-United States:...
s in most other states, Virginia's school divisions are not completely separate units of local government. This is because no school division has taxing authority. Instead, they are dependent upon their associated city, town, or county governments for at least a portion of their funding. Additional funds may come directly to a school division, typically from state and federal sources.
Special districts, agencies
While special districts exist in Virginia, they are generally less important than in other states. As of June 2002, Virginia had 196 special-district governments, as well as numerous special agencies, areas, and districts that were subordinate to the state or to a county, city, or town government.Several examples of the many special districts and agencies created as political subdivisions for specific purposes are:
- Richmond-Petersburg Turnpike Authority, formed in 1955, which sold toll revenue bonds, built and operated the Richmond-Petersburg TurnpikeRichmond-Petersburg TurnpikeThe Richmond-Petersburg Turnpike was a toll road located in the Richmond-Petersburg region of central Virginia, USA.After World War II, major traffic congestion occurred in the area around Richmond and Petersburg along U.S. Route 1 and U.S. Route 301...
, and collected tolls until 1973, when its duties where assumed by another state agency by an Act of the General Assembly.
- Chesapeake Bay Bridge and Tunnel District which built and operates the Chesapeake Bay Bridge-TunnelChesapeake Bay Bridge-TunnelThe Chesapeake Bay Bridge-Tunnel is a long fixed link crossing the mouth of the Chesapeake Bay and connecting the Delmarva Peninsula's Eastern Shore of Virginia with Virginia Beach and the metropolitan area of Hampton Roads, Virginia...
, a 23 miles (37 km) long bridge-tunnelBridge-tunnelA fixed link, fixed crossing, or bridge-tunnel is a persistent, unbroken road or rail connection across water that uses some combination of bridges, tunnels, and causeways and does not involve intermittent connections such as drawbridges or ferries.The Confederation Bridge was commonly referred to...
facility which crosses the mouth of the Chesapeake Bay, entirely located within Virginia.
- Central Virginia Waste Management AuthorityCentral Virginia Waste Management AuthorityThe Central Virginia Waste Management Authority is a public service authority that implements solid waste management and recycling programs for thirteen local governments in Virginia...
(CVWMA), formed in 1990 to coordinate recycling and waste management programs for thirteen localities in central Virginia.
- Airport authorities, such as the Peninsula Airport Commission, which owns and operates the Newport News/Williamsburg International AirportNewport News/Williamsburg International AirportNewport News/Williamsburg International Airport is an airport located 9 mi northwest of downtown Newport News, Virginia, and serves the entire Hampton Roads metropolitan area along with Norfolk International Airport in Norfolk...
in Newport News.
- Virginia Housing Development AuthorityVHDAThe Virginia Housing Development Authority is a self-supporting, not-for-profit organization created by the Commonwealth of Virginia in 1972, to help Virginians attain quality affordable housing. Mortgages are funded by bonds issued by VHDA, not by taxpayer dollars, and are available for...
(VHDA), a self-supporting, not-for-profit organization created by the Commonwealth of Virginia in 1972, to help Virginians attain quality, affordable housing.
An exception is the Washington Metropolitan Area Transit Authority
Washington Metropolitan Area Transit Authority
The Washington Metropolitan Area Transit Authority is a tri-jurisdictional government agency that operates transit service in the Washington, D.C. metropolitan area, including the Metrorail, Metrobus and MetroAccess...
. Although it serves suburbs in Virginia (and Maryland), the Census Bureau counts it as a District of Columbia special district for statistical purposes.
Magisterial districts, election districts, and wards
Magisterial districts, election districts, and wards are minor civil divisionMinor civil division
Minor civil division is a term used by the United States Census Bureau to designate the primary governmental and/or administrative divisions of a county, such as a civil township, precinct, or magisterial district...
s established for elections, administrative functions, or both. They are not separate units of local government.
Boroughs
Under Code of VirginiaCode of Virginia
The Code of Virginia is the statutory law of the U.S. state of Virginia, and consists of the codified legislation of the Virginia General Assembly. The 1950 Code of Virginia is the revision currently in force...
§ 15.2-3534, when multiple local governments consolidate to form a consolidated city, the consolidated city may be divided into geographical subdivisions called "boroughs", which may be the same as the existing (i) cities, (ii) counties, or (iii) portions of such counties. Those boroughs are not separate local governments.
For example, Chesapeake
Chesapeake, Virginia
As of the census of 2000, there were 199,184 people, 69,900 households, and 54,172 families residing in the city. The population density was 584.6 people per square mile . There were 72,672 housing units at an average density of 213.3 per square mile...
is divided into six boroughs, one corresponding to the former city of South Norfolk
South Norfolk, Virginia
South Norfolk was an independent city in the South Hampton Roads region of eastern Virginia and is now a section of the City of Chesapeake, one of the cities of Hampton Roads which surround the harbor of Hampton Roads and are linked by the Hampton Roads Beltway.-History:Located a few miles south of...
and one corresponding to each of the five magisterial districts of the former Norfolk County
Norfolk County, Virginia
Norfolk County was a county of the South Hampton Roads in eastern Virginia in the United States that was created in 1691. After the American Civil War, for a period of about 100 years, portions of Norfolk County were lost and the territory of the county reduced as they became parts of the separate...
. Suffolk
Suffolk, Virginia
Suffolk is the largest city by area in Virginia, United States, and is located in the Hampton Roads metropolitan area. As of the 2010 census, the city had a total population of 84,585. Its median household income was $57,546.-History:...
is divided into seven boroughs, one corresponding to the former city of Suffolk and one corresponding to each of the six magisterial districts of the former Nansemond County
Nansemond County, Virginia
Nansemond County is an extinct county which was located in Virginia Colony and the Commonwealth of Virginia in the United States, from 1646 until 1972...
. In Virginia Beach
Virginia Beach, Virginia
Virginia Beach is an independent city located in the Hampton Roads metropolitan area of Virginia, on the Atlantic Ocean at the mouth of the Chesapeake Bay...
, the seven boroughs were abolished effective July 1, 1998.
Potential political subdivisions
State statute provides that when multiple local governments consolidate, existing political subdivisions may continue in existence as townships (not to be confused with civil townships in those states that have them), tier-cities, or shires. However, none have yet been created.Relationships, regional cooperation
Various political subdivisions may do business with each other and the state and federal government in a manner similar to private individuals, limited partnerships, and corporations, with the notable exception that some restrictions may apply with regards to public information, competitive bidding, personal use of government-owned property, vehicles, resources, etc.In recent years, Virginia has tried to encourage regional cooperation among localities. Special favorable funding for regional jails has been one area were incentives have encouraged such efforts. However, Virginia's annexation laws and past experiences have long been felt by many leaders to be a barrier to regional cooperation among localities.
Annexations, alternatives
Expansion of borders through annexation suits against neighboring counties and incorporated towns has long been a method available to the independent cities to grow, with incorporated towns also able to take such actions against counties. Since the years of the Byrd OrganizationByrd Organization
The Byrd Organization was a political machine led by former Governor and U.S. Senator Harry F. Byrd, Sr. that dominated Virginia politics for much of the middle portion of the 20th century...
, state funding formulas have tended to favor rural areas, and growth through annexation was seen as a counter-measure financially by many cities and towns. However, such actions are often controversial and in some cases, have resulted in protracted and costly legal proceedings. They also often leave residents of an annexed area feeling that they had no say in the process.
Wave of consolidations, town-to-city conversions
Partially because independent cities are immune from annexation by adjacent localities, an action much-feared by those in many communities, in the mid 20th century, a wave of consolidations of local governments led to almost the entire southeastern portion of Virginia progressively becoming a web of adjoining independent citiesIndependent city
An independent city is a city that does not form part of another general-purpose local government entity. These type of cities should not be confused with city-states , which are fully sovereign cities that are not part of any other sovereign state.-Historical precursors:In the Holy Roman Empire,...
. Many incorporated (formally constituted) localities, including counties, cities, and towns, some over 250 years old, became legally extinct between 1952 and 1975. A law passed by the General Assembly
Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...
in 1960 allowed any city and adjacent county to consolidate by mutual agreement. Of the 10 current independent cities of the Hampton Roads
Hampton Roads
Hampton Roads is the name for both a body of water and the Norfolk–Virginia Beach metropolitan area which surrounds it in southeastern Virginia, United States...
region, fully 8 of them adjoin others. In the region, only the cities of Franklin
Franklin, Virginia
Franklin is an independent city in Virginia. The Bureau of Economic Analysis combines the city of Franklin with Southampton county for statistical purposes. The population was 8,582 in 2010.-History:...
and Williamsburg
Williamsburg, Virginia
Williamsburg is an independent city located on the Virginia Peninsula in the Hampton Roads metropolitan area of Virginia, USA. As of the 2010 Census, the city had an estimated population of 14,068. It is bordered by James City County and York County, and is an independent city...
are surrounded by traditional counties.
This transition left the region with some oddities, such as the entire Virginia portion of the Great Dismal Swamp
Great Dismal Swamp
The Great Dismal Swamp is a marshy area on the Coastal Plain Region of southeastern Virginia and northeastern North Carolina between Norfolk, Virginia, and Elizabeth City, North Carolina in the United States. It is located in parts of southern Chesapeake and Suffolk in Virginia, as well as northern...
being located entirely within cities (Chesapeake
Chesapeake, Virginia
As of the census of 2000, there were 199,184 people, 69,900 households, and 54,172 families residing in the city. The population density was 584.6 people per square mile . There were 72,672 housing units at an average density of 213.3 per square mile...
and Suffolk
Suffolk, Virginia
Suffolk is the largest city by area in Virginia, United States, and is located in the Hampton Roads metropolitan area. As of the 2010 census, the city had a total population of 84,585. Its median household income was $57,546.-History:...
) and the rise of Virginia Beach to the most populous city in the state (usurping Norfolk
Norfolk, Virginia
Norfolk is an independent city in the Commonwealth of Virginia in the United States. With a population of 242,803 as of the 2010 Census, it is Virginia's second-largest city behind neighboring Virginia Beach....
), even though it lacks the urban characteristics typically associated with large cities. It was noted by some academicians that the primary motivation for the changes in most, if a not all instances, was fear of annexation, rather than more positive factors.
Generating animosity between neighboring localities
While the mass conversion to independent cities such as occurred in the Hampton Roads region did not repeat elsewhere in the state, city-county annexations have generally created more conflicts and been a barrier to future regional cooperation than those of towns and counties. This may be because the individuals of the latter groups realize from the outset that they will be required to continue to work together afterward (since all towns are within counties).Richmond: a center of annexation efforts and conflicts
The City of Richmond grew by annexations, contested and not, of portions of both Henrico and Chesterfield counties throughout its history.In 1940, the City of Richmond annexed 10 square miles (25.9 km²) of Henrico County. In the two decades that followed, the little bedroom community known as Henrico County began to shape its own identity. When the City of Richmond decided once again that they needed to expand, things had changed.
In 1959, there were just over 107 thousand residents in Henrico County. By 1965 that number had increased by nearly 40 thousand. Nationwide, urban flight was on the rise as people flocked to neighboring counties. As a result, Virginia’s cities began to look across their borders for much needed tax relief.
In the late 1950s and early 60s, annexing just a small portion of a neighboring county became largely a thing of the past. In order to meet the needs of their growing populations, some cities and counties throughout Virginia began to merge entirely (through the consolidation process enabled by the 1960 Virginia General Assembly).
In 1959, local business owners in the City of Richmond reacted to the statewide trend, and jump-started the process toward a consolidation agreement with Henrico County. In attempt to reach a mutual agreement, each locality appointed three negotiators to represent its interests. Once a plan was agreed upon, the citizens of both Richmond and Henrico were asked to approve the merger in a vote, held on December 12, 1961. The merger failed at the polls, and just two weeks later, on December 27, 1961, Richmond City Council filed suit to annex 142 square miles (367.8 km²) of Henrico County.
It would take more than three years for the special annexation court to announce its decision. Finally, on April 27, 1964, the court ruled in favor of the City of Richmond, but it only awarded the city 17 square miles (44 km²) of the 142 square miles (367.8 km²) that it had requested. The City of Richmond then declined to accept and pay for the land that was awarded in the annexation.
During the years that followed, Henrico County was granted immunity from the threat of annexation and consolidation, a State law that is still in force today.
More problems and hard feelings arose from a Richmond-Chesterfield case which began in 1965; they were later used as prime examples of obstacles to regional cooperation as the state legislators have considered changes. The resulting 1970 annexation was exceptionally controversial and took more than seven years to be resolved in court.
In that case, while the annexation lawsuit filed by Richmond in 1965 was being heard, with the city seeking 51 square miles (132 km²) of the county, the leaders of the two jurisdictions, Irvin G. Horner, the chairman of the Chesterfield County
Chesterfield County, Virginia
Chesterfield County is a county located in the Commonwealth of Virginia, a state of the United States. In 2010, its population was estimated to be 316,236. Chesterfield County is now the fourth-largest municipality in Virginia . Its county seat is Chesterfield...
Board of Supervisors, and Phil J. Bagley, Jr., the mayor of the City of Richmond
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
, met privately and agreed to this compromise.
In May 1969, the Horner-Bagley Compromise, as it came to be called, was approved by the county and city and incorporated in a court decree of July 12, 1969. This effectively shut out a number of third parties attempting to block the annexation, who felt they had been excluded from the process. An example among these was a small commuter bus company holding an operating rights in the county, whereas the city granted its bus franchise to a competitor. Taxicab
Taxicab
A taxicab, also taxi or cab, is a type of vehicle for hire with a driver, used by a single passenger or small group of passengers, often for a non-shared ride. A taxicab conveys passengers between locations of their choice...
operators were similarly impacted. More significantly, 47,000 people found themselves living in a different jurisdiction without a public referendum.
The Chesterfield-Richmond annexation agreement resulted in Richmond receiving 23 square miles (60 km²) of the county, as well as fire stations, parks, and other infrastructure such as water and sewer lines. Under the agreement, approximately a dozen public schools, support buildings, and future school sites were conveyed to the City of Richmond to be operated by Richmond Public Schools
Richmond Public Schools
This school division contains public schools serving the independent city of Richmond, Virginia. It is occasionally described locally as Richmond City Public Schools to emphasize its connection to the independent city rather than the Richmond-Petersburg region at large or the rural Richmond County...
. Compounding the unhappiness of many of the residents of the annexed area was the fact that Richmond Public Schools was already involved in a desegregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
lawsuit in the U.S. Federal Courts. The schools involved in the annexed area included the Huguenot High School
Huguenot High School
Huguenot High School, part of the Richmond Public Schools system, is a high school located in Richmond, Virginia, with grades 9-12.Huguenot High School was named in honor of the Huguenots, French Protestants who emigrated to the English Virginia Colony beginning in the early 18th century.-Land for...
, the Fred D. Thompson Middle School, the Elkhardt Middle School, and eight elementary schools. In 1971, these schools were included in a court-ordered desegregation busing
Desegregation busing
Desegregation busing in the United States is the practice of assigning and transporting students to schools in such a manner as to redress prior racial segregation of schools, or to overcome the effects of residential segregation on local school demographics.In 1954, the U.S...
program, which was finally ceased sometime during the 1990s.
Many of the 47,000 residents who lived in the annexed area of the compromise of 1970 had been opposed to the annexation. They fought unsuccessfully for over seven years in the courts to have the annexation reversed, and ruefully called it the 23 square miles (60 km²) zone "Occupied Chesterfield."
At the same time, black plaintiffs who had lived in the city prior to the annexation claimed a violation of the National Voting Rights Act of 1965. The claim was that their voting power had been deliberately diminished by the attempts of city leaders to add white voters and dilute to black vote. The pre-annexation population of the city as of 1970 was 202,359, of which 104,207 or 52% were black citizens. The annexation added to the city 47,262 people, of whom 1,557 were black and 45,705 were non-black. The post-annexation population of the city was therefore 249,621, of which 105,764 or 42% were black. The plaintiffs prevailed in court by creation of a ward system which guaranteed black voters would be represented fairly in city government.
Methods to avoid annexation fears and conflicts
Since then, the State has taken several actions to avoid such conflicts. An agency of the Virginia Department of Housing and Community Development, the Commission on Local Government promotes and preserves the viability of Virginia's local governments by fostering positive intergovernmental relations.In some instances, neighboring localities have entered into agreements, such as a revenue sharing agreement between the independent city of Charlottesville
Charlottesville, Virginia
Charlottesville is an independent city geographically surrounded by but separate from Albemarle County in the Commonwealth of Virginia, United States, and named after Charlotte of Mecklenburg-Strelitz, the queen consort of King George III of the United Kingdom.The official population estimate for...
and surrounding Albemarle County
Albemarle County, Virginia
As of the census of 2000, there were 79,236 people, 31,876 households, and 21,070 families residing in the county. The population density was 110 people per square mile . There were 33,720 housing units at an average density of 47 per square mile...
. Beginning in 1982, in return for receiving a portion of annual county tax revenues, the city agreed to not attempt to annex portions of the county. The agency's website lists many such deals between municipal neighbors.
Additionally, in 1979, the Virginia General Assembly
Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...
adopted legislation that allowed any county meeting certain population and density standards to petition the local circuit court to declare the county permanently immune from annexation by any city with over 100,000 in population. In 1981, Chesterfield County and several other counties in the state subsequently sought and received such immunity from further annexation by Richmond.
In 1987, the General Assembly, recognizing the controversy surrounding annexations in Virginia, placed a moratorium on future annexations of any county by any city. However, even when this moratorium expires, as it is currently scheduled to do in 2010, Chesterfield County will remain immune from annexation by Richmond because of the 1981 grant of immunity. However, unless new legislation or revenue sharing or other agreements are reached, the county will potentially be exposed to annexation suits by any of the 3 smaller independent cities ( Colonial Heights, Hopewell, and Petersburg) which adjoin it, as will other localities.
In 2007, a Bill to extend the existing moratorium against annexations by cities from 2010 to 2020 passed both houses of the Virginia General Assembly, but was vetoed by Virginia Governor Tim Kaine
Tim Kaine
Timothy Michael "Tim" Kaine is a Virginia politician. Kaine served as the 70th Governor of Virginia from 2006 to 2010, and was the chairman of the Democratic National Committee from 2009 to 2011...
. The Virginia Municipal League reported: "The governor said that there was no rush on this extension, and that the legislature should study the impact of the annexation moratorium on cities. The moratorium applies only to a limited number of cities. Many cities are barred from annexation by either geography or by other laws establishing the ability of counties to obtain complete or partial immunity from annexation."
Contract liability
As noted above, a local government may only enter into a contract that is within the scope of its charter. A contract to do something beyond its power is void and unenforceable, and in fact the local government will be prohibited from performing its obligations under such a contract. The private party who performs under such a contract will have no means of recovery, even under equitable theories such as equitable estoppel, implied contract, quantum meruitQuantum meruit
Quantum meruit is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services".In the United States, the elements of quantum meruit are determined by state common law...
, and unjust enrichment
Unjust enrichment
Unjust enrichment is a legal term denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing.Definition:...
. This limitation also applies where the subject of the contract is permissible under the charter, but the manner in which the contract is made or awarded violates proscriptions set forth in the charter. For example, if the charter requires that contracts for provision of a public service be awarded to the lowest bidder in an open bidding process, and such a process is not used to award the contract, then the contract itself is void and the private party to the contract will have no recourse to enforce the local government's obligations thereunder.
Individual employees of a local government, including the highest-level executives of that body, have no power to bind the local government to a contract that is void due to one of the above scenarios. This is because the limitations on the power of the local government to contract are a matter of public record. As a general rule, the individual employee is immune from being sued for inadvertently entering into a void contract with a private party. However, this immunity does not extend to the intentional tort of fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
. If a local government employee knowingly and intentionally made a false representation to a third party that the local government would be bound to a particular contract, that employee could be sued for damages suffered by the third party's reliance on that false promise.
Where a local government makes a contract that is within its power, and then fails to perform its obligations under the contract, it may be sued in the same manner as any other entity, and may raise all defenses typically available in a contract action. However, if it is a county government that is alleged to be in breach, Virginia law imposes several additional steps before a lawsuit may be brought. Specifically, the claim must be formally presented to the county's governing body for an allowance, and it is only after that governing body has disallowed the claim that its decision may be appealed to the Virginia Circuit Court
Virginia Circuit Court
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts has authority to try cases with an amount in controversy of more than $4,500 and has...
. The claim must be brought within thirty days of the disallowance if the claimant is present when the governing body so decides; if the claimant is not present, the claim must be brought within thirty days of the claimant receiving notice of the disallowance. In either case, the appeal must specify that the required presentment was made. This rule also applies to equitable claims for monetary relief.
Liability of subdivisions
The state of Virginia has enacted the Virginia Tort Claims Act, which waives the sovereign immunitySovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
of the state with respect to actions brought under certain limitations. However, by the terms of the statute itself, this waiver does not extend to political subdivisions. Thus, counties, which are considered to be arms of the state, still carry the state's traditional complete immunity from tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
lawsuits. Cities and towns are not considered arms of the state, and are only held to be immune from such lawsuits if the city or town was exercising a public or "governmental" function. Such functions have been held to include police and firefighting activities, and education. However, a city or town may be sued when carrying out a "proprietary" function, such as providing gas, electricity, water, sewage collection and disposal
Sewage collection and disposal
Sewage collection and disposal systems transport sewage through cities and other inhabited areas to sewage treatment plants to protect public health and prevent disease. Sewage is treated to control water pollution before discharge to surface waters....
, or storm drain
Storm drain
A storm drain, storm sewer , stormwater drain or drainage well system or simply a drain or drain system is designed to drain excess rain and ground water from paved streets, parking lots, sidewalks, and roofs. Storm drains vary in design from small residential dry wells to large municipal systems...
age. With regards to building and maintaining of roads, and laying out roads is considered to be a governmental function, but cleaning and maintaining roads and public ways that have already been laid out is deemed to be proprietary. An activity that combines governmental and proprietary functions is clothed in the protection of governmental functions. A suit can not be brought based on an unsafe condition of the street unless the municipality is first given reasonable notice and allowed a reasonable amount of time to remedy it. The operation of public recreational facilities is stated by the state statute to fall within the immunity of governmental function.
Virginia does not recognize the doctrine of res ipsa loquitur
Res ipsa loquitur
In the common law of negligence, the doctrine of res ipsa loquitur states that the elements of duty of care and breach can be sometimes inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved...
when applied against local governments providing such services, so the civil plaintiff is required to prove that the local government is responsible for the condition that led to damage or injury. Political subdivisions may waive their sovereign immunity, and wherever and whenever a local government purchases insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
for its vehicles, such as cars, trucks, and buses, that local government will be ruled to have waived its sovereign immunity up to the amount of the policy. A municipality can be sued for nuisance
Nuisance
Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...
s - the negligent creation of a hazardous situation - even if the nuisance was created in the course of carrying out a governmental function.
In addition to the aforementioned limitations, a plaintiff seeking to sue a city or county in tort must provide the subdivision with notice, said notice including the nature of the claim, and the date and location of the injury, within six months after the claim arises. This notice must be provided to one of a set list of people set forth in state statute, these being the subdivision's attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
, or chief executive.
Liability of employees
Employees of a municipality who are performing governmental functions generally share in the immunity of the municipality itself, although this does not protect them from being sued for gross negligenceGross negligence
Gross negligence is a legal concept which means serious carelessness. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct one expects from the proverbial "reasonable person"...
(as opposed to "ordinary" negligence) or for intentional tort
Intentional tort
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty...
s. High-level employees, such as mayors, city managers, and judges, are immune for decisions made within the scope of their employment. The immunity of lower level employees is determined by examining four factors set forth by the Virginia Supreme Court in James v. Jane:
- the nature of the function performed by the employee
- the extent of the state's interest and involvement in the function
- the degree of control and direction exercised by the state over the employee
- whether the act complained of involved the use of judgment and discretion.
Where an employee is grossly negligent, or engages in intentional torts, the employee may be held liable, but the locality remains immune so long as the employee was providing a governmental function.
Independent contractor
Independent contractor
An independent contractor is a natural person, business, or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal agreement. Unlike an employee, an independent contractor does not work regularly for an employer but works as and when...
s are not considered employees, and are therefore not subject to any kind of immunity.