Administrative divisions of Virginia
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The administrative divisions of Virginia are the areas into which the
Commonwealth of Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
, a
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
, is divided for political and administrative purposes. Some are
local governments Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
; others are not. However, all local governments (counties, independent cities, 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
counties A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
, covering all of the territory not within the independent cities. Under Virginia law, counties may be chartered, although most are not. Their populations vary widely; 2017 estimated populations ranged from 2,212 for Highland County to 1,148,433 for
Fairfax County Fairfax County, officially the County of Fairfax, is a county in the Commonwealth of Virginia. It is part of Northern Virginia and borders both the city of Alexandria and Arlington County and forms part of the suburban ring of Washington, D.C. ...
. Since Virginia has no
civil township A civil township is a widely used unit of local government in the United States that is subordinate to a county, most often in the northern and midwestern parts of the country. The term town is used in New England, New York, and Wisconsin to ref ...
s, and since
incorporated town An incorporated town is a town that is a municipal corporation. Canada Incorporated towns are a form of local government in Canada, which is a responsibility of provincial rather than federal government. United Kingdom United States An in ...
s cover such a small area of the state, the county is the ''de facto'' local government for much of the state, from rural areas to densely populated
unincorporated communities An unincorporated area is a region that is not governed by a local municipal corporation. Widespread unincorporated communities and areas are a distinguishing feature of the United States and Canada. Most other countries of the world either have ...
such as
Tysons Corner Tysons, also known as Tysons Corner, is a census-designated place (CDP) in Fairfax County, Virginia, United States, developed from the corner of Chain Bridge Road ( SR 123) and the Leesburg Pike ( SR 7). Located in Northern Virginia between the c ...
. In fact,
Arlington County Arlington County is a county in the Commonwealth of Virginia. The county is situated in Northern Virginia on the southwestern bank of the Potomac River directly across from the District of Columbia, of which it was once a part. The county ...
, while geographically small and entirely urbanized, is completely unincorporated, making the county board the sole governing body in the entire county.


Cities and towns


Independent cities

Since 1871, all incorporated cities in Virginia have classified as
independent cities An independent city or independent town is a city or town that does not form part of another general-purpose local government entity (such as a province). Historical precursors In the Holy Roman Empire, and to a degree in its successor state ...
. This is the most noteworthy aspect of Virginia local government relative to the other 49 states. Of the 41 independent cities in the United States, 38 are in Virginia. The three that are not in Virginia are
Baltimore, Maryland Baltimore ( , locally: or ) is the most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic, and the 30th most populous city in the United States with a population of 585,708 in 2020. Baltimore wa ...
; St. Louis, Missouri; and
Carson City, Nevada Carson City is an independent city and the capital of the U.S. state of Nevada. As of the 2020 census, the population was 58,639, making it the sixth largest city in Nevada. The majority of the city's population lives in Eagle Valley, on th ...
. Cities in Virginia are thus similar to
unitary authorities A unitary authority is a local authority responsible for all local government functions within its area or performing additional functions that elsewhere are usually performed by a higher level of sub-national government or the national governme ...
in some countries. The
United States Census Bureau The United States Census Bureau (USCB), officially the Bureau of the Census, is a principal agency of the U.S. Federal Statistical System, responsible for producing data about the American people and economy. The Census Bureau is part of th ...
treats all cities in Virginia as
county-equivalent In the United States, a county is an administrative or political subdivision of a state that consists of a geographic region with specific boundaries and usually some level of governmental authority. The term "county" is used in 48 states, wh ...
s. Other municipalities, even though they may be more populous than some existing independent cities, are incorporated as "
town A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world. Origin and use The word "town" shares an o ...
s", and as such form part of a county. Eight independent cities had 2010 populations of less than 10,000 with the smallest, Norton, having a population of only 3958. On the other hand, six towns had populations of over 10,000. An independent city in Virginia may serve as the
county seat A county seat is an administrative center, seat of government, or capital city of a county or civil parish. The term is in use in Canada, China, Hungary, Romania, Taiwan, and the United States. The equivalent term shire town is used in the US ...
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 Fairfax County, officially the County of Fairfax, is a county in the Commonwealth of Virginia. It is part of Northern Virginia and borders both the city of Alexandria and Arlington County and forms part of the suburban ring of Washington, D.C. ...
. A city can be formed from any area with a defined
boundary Boundary or Boundaries may refer to: * Border, in political geography Entertainment * ''Boundaries'' (2016 film), a 2016 Canadian film * ''Boundaries'' (2018 film), a 2018 American-Canadian road trip film *Boundary (cricket), the edge of the pla ...
having a
population Population typically refers to the number of people in a single area, whether it be a city or town, region, country, continent, or the world. Governments typically quantify the size of the resident population within their jurisdiction usi ...
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. Examples are
Falls Church Falls Church is an independent city in the Commonwealth of Virginia. As of the 2020 census, the population was 14,658. Falls Church is included in the Washington metropolitan area. Taking its name from The Falls Church, an 18th-century Churc ...
, which separated from Fairfax County, and
Virginia Beach Virginia Beach is an independent city located on the southeastern coast of the Commonwealth of Virginia in the United States. The population was 459,470 at the 2020 census. Although mostly suburban in character, it is the most populous ci ...
, which separated from (and later merged with)
Princess Anne County County of Princess Anne is a former county in the British Colony of Virginia and the Commonwealth of Virginia in the United States, first incorporated in 1691. The county was merged into the city of Virginia Beach on January 1, 1963, ceasing to ...
. *A county is converted into a city. An example was the former city of
Nansemond The Nansemond are the indigenous people of the Nansemond River, a 20-mile long tributary of the James River in Virginia. Nansemond people lived in settlements on both sides of the Nansemond River where they fished (with the name "Nansemond" mean ...
, which later merged with
Suffolk Suffolk () is a ceremonial county of England in East Anglia. It borders Norfolk to the north, Cambridgeshire to the west and Essex to the south; the North Sea lies to the east. The county town is Ipswich; other important towns include ...
. *Various local governments consolidate to form a city. An example is
Chesapeake Chesapeake often refers to: *Chesapeake people, a Native American tribe also known as the Chesepian * The Chesapeake, a.k.a. Chesapeake Bay *Delmarva Peninsula, also known as the Chesapeake Peninsula Chesapeake may also refer to: Populated plac ...
, formed from the merger of the independent city of
South Norfolk South Norfolk is a Non-metropolitan district, local government district in Norfolk, England. Its council is based in Long Stratton. The population of the Local Authority District was 124,012 as taken at the United Kingdom census, 2011, 2011 ...
and Norfolk County. 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 A city charter or town charter (generically, municipal charter) is a legal document ('' charter'') establishing a municipality such as a city or town. The concept developed in Europe during the Middle Ages. Traditionally the granting of a charte ...
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Virginia Beach Virginia Beach is an independent city located on the southeastern coast of the Commonwealth of Virginia in the United States. The population was 459,470 at the 2020 census. Although mostly suburban in character, it is the most populous ci ...
_(437,994) from:start till:243 text:
Norfolk Norfolk () is a ceremonial and non-metropolitan county in East Anglia in England. It borders Lincolnshire to the north-west, Cambridgeshire to the west and south-west, and Suffolk to the south. Its northern and eastern boundaries are the Nor ...
_(242,803) from:start till:222 text:
Chesapeake Chesapeake often refers to: *Chesapeake people, a Native American tribe also known as the Chesepian * The Chesapeake, a.k.a. Chesapeake Bay *Delmarva Peninsula, also known as the Chesapeake Peninsula Chesapeake may also refer to: Populated plac ...
_(222,209) from:start till:204 text:
Richmond Richmond most often refers to: * Richmond, Virginia, the capital of Virginia, United States * Richmond, London, a part of London * Richmond, North Yorkshire, a town in England * Richmond, British Columbia, a city in Canada * Richmond, Californi ...
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Newport News Newport News () is an Independent city (United States), independent city in the U.S. state of Virginia. At the 2020 United States Census, 2020 census, the population was 186,247. Located in the Hampton Roads region, it is the List of cities in ...
_(180,719) from:start till:140 text:
Alexandria Alexandria ( or ; ar, ٱلْإِسْكَنْدَرِيَّةُ ; grc-gre, Αλεξάνδρεια, Alexándria) is the second largest city in Egypt, and the largest city on the Mediterranean coast. Founded in by Alexander the Great, Alexandri ...
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Hampton Hampton may refer to: Places Australia *Hampton bioregion, an IBRA biogeographic region in Western Australia *Hampton, New South Wales *Hampton, Queensland, a town in the Toowoomba Region * Hampton, Victoria Canada * Hampton, New Brunswick *Ha ...
_(137,436) from:start till:97 text: Roanoke_(96,922) from:start till:96 text:
Portsmouth Portsmouth ( ) is a port and city in the ceremonial county of Hampshire in southern England. The city of Portsmouth has been a unitary authority since 1 April 1997 and is administered by Portsmouth City Council. Portsmouth is the most d ...
_(95,535) TextData= fontsize:S pos:(520,20) text: Population 2010 Census


Second class cities

Virginia's independent cities were classified by the
Virginia General Assembly The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, the oldest continuous law-making body in the Western Hemisphere, the first elected legislative assembly in the New World, and was established on July 30, 16 ...
in 1871 as cities of the first class and cities of the second class. The Virginia Constitution of 1902 defined first-class cities as those having a population of 10,000 or more based upon the last census enumeration, while second-class cities were those that had a population of fewer than 10,000. Cities which previously had been granted a city charter, but did not have the requisite population, had their status
grandfathered A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from t ...
in. Second-class cities did not have a court of record and were required to share the cost of that court with their adjacent county and also shared the cost for three constitutional officers of that court — generally, the clerk, commonwealth's attorney and sheriff — and those shared officers stood for election in both the city and the county. At least two constitutional officers — treasurer and commissioner of the revenue — were required to be elected solely by the residents of the city. The distinction between first- and second-class cities was ended with the Virginia Constitution of 1971. But cities that were classified as second-class cities at the time of the adoption of the 1971 Virginia Constitution were authorized to continue sharing their court system and three constitutional officers with the adjacent county. , 14 of Virginia's independent cities retain these features.


Towns

Unlike Virginia's cities, and like municipalities in most other states,
incorporated towns An incorporated town is a town that is a municipal corporation. Canada Incorporated towns are a form of local government in Canada, which is a responsibility of provincial rather than federal government. United Kingdom United States An ...
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. As of 2014, there are 191 incorporated towns in Virginia. Virginia also has
unincorporated communities An unincorporated area is a region that is not governed by a local municipal corporation. Widespread unincorporated communities and areas are a distinguishing feature of the United States and Canada. Most other countries of the world either have ...
which are also called towns colloquially.


Powers of municipalities

Local government in Virginia is subject to
Dillon's Rule John Forrest Dillon (December 25, 1831 – May 6, 1914) was an attorney in Iowa and New York, a justice of the Iowa Supreme Court and a United States circuit judge of the United States Circuit Court for the Eighth Circuit. He authored a highly ...
, which holds that cities and towns only have those powers expressly granted to them by Virginia or federal law, any power implied by those express powers, and those powers essential to the municipality's existence. Under Virginia law, a municipality, whether a city or a town, must have a
municipal charter A city charter or town charter (generically, municipal charter) is a legal document ('' charter'') establishing a municipality such as a city or town. The concept developed in Europe during the Middle Ages. Traditionally the granting of a charte ...
; that is, there are no general-law municipalities. The charter is a form of contract, and the municipality has no power to act outside of its charter. With few exceptions, a municipality's powers are narrowly construed. Typically, the powers extended to Virginia municipalities usually include the following: * Exercising the general police power 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
tax A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or n ...
es on its residents, usually in the form of a local
property tax A property tax or millage rate is an ad valorem tax on the value of a property.In the OECD classification scheme, tax on property includes "taxes on immovable property or net wealth, taxes on the change of ownership of property through inher ...
or
sales tax A sales tax is a tax paid to a governing body for the sales of certain goods and services. Usually laws allow the seller to collect funds for the tax from the consumer at the point of purchase. When a tax on goods or services is paid to a gove ...
. * 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
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
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 vires ('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
'', and therefore unenforceable as a nullity. * Acquiring, possessing, and disposing of
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or aff ...
, including through the exercise of the power of
eminent domain Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
. * Acquiring, possessing, and disposing of
personal property property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables—any property that can be moved fr ...
. * Initiating
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
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 An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Ta ...
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
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...
has held that the
United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
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 A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal ma ...
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
variance In probability theory and statistics, variance is the expectation of the squared deviation of a random variable from its population mean or sample mean. Variance is a measure of dispersion, meaning it is a measure of how far a set of numbe ...
s and settle
boundary Boundary or Boundaries may refer to: * Border, in political geography Entertainment * ''Boundaries'' (2016 film), a 2016 Canadian film * ''Boundaries'' (2018 film), a 2018 American-Canadian road trip film *Boundary (cricket), the edge of the pla ...
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 permit A special-use permit authorizes land uses that are allowed and encouraged by the ordinance and declared harmonious with the applicable zoning district. Purpose Land use is governed by a set of regulations generally known as ordinances or municipa ...
s 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 The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrativ ...
.


Eminent domain and inverse condemnation

A political subdivision may exercise
eminent domain Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
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 The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decision in ''
Kelo v. City of New London ''Kelo v. City of New London'', 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner ...
'', 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 Urban decay (also known as urban rot, urban death or urban blight) is the sociological process by which a previously functioning city, or part of a city, falls into disrepair and decrepitude. There is no single process that leads to urban deca ...
, and excluding the condemnation of property for the purpose of giving it to private parties. The government, in asserting eminent domain, must pay the owner the
fair market value The fair market value of property is the price at which it would change hands between a willing and informed buyer and seller. The term is used throughout the Internal Revenue Code, as well as in bankruptcy laws, in many state laws, and by sever ...
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 The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amen ...
as incorporated by the Supreme Court.


School divisions

A
school division A school division is a geographic division over which a school board has jurisdiction. Canada In Canada the term is used for the area controlled by a school board and is used interchangeably with school district, including in the formal name of the ...
is the area under a jurisdiction of a
school board A board of education, school committee or school board is the board of directors or board of trustees of a school, local school district or an equivalent institution. The elected council determines the educational policy in a small regional are ...
. Unlike
school district A school district is a special-purpose district that operates local public primary and secondary schools in various nations. North America United States In the U.S, most K–12 public schools function as units of local school districts, w ...
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 2012, Virginia had 193 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 Turnpike, 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-Tunnel, a bridge-tunnel facility which crosses the mouth of the Chesapeake Bay, entirely located within Virginia. * Central Virginia Waste Management Authority (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 Airport Newport News/Williamsburg International Airport is in Newport News, Virginia, United States, and serves the Hampton Roads area along with Norfolk International Airport in Norfolk. The airport is owned and operated by the Peninsula Airport Commi ...
in Newport News. * Virginia Housing Development Authority (VHDA), a self-supporting, not-for-profit organization created by the Commonwealth of Virginia in 1972, to help Virginians attain quality, affordable housing. Although the
Washington Metropolitan Area Transit Authority The Washington Metropolitan Area Transit Authority (WMATA ), commonly referred to as Metro, is a tri-jurisdictional government agency that operates transit service in the Washington metropolitan area. WMATA was created by the United States C ...
serves suburbs in Virginia (and Maryland), the Census Bureau counts it as a
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle (Washington, D.C.), Logan Circle, Jefferson Memoria ...
special district for statistical purposes.


Other political subdivisions


Magisterial districts, election districts, and wards

Magisterial districts, election districts, and wards are
minor civil division A minor civil division (MCD) is a term used by the United States Census Bureau for primary governmental and/or administrative divisions of a county or county-equivalent, typically a municipal government such as a city, town, or civil township. MCD ...
s established for elections, administrative functions, or both. They are not separate units of local government.


Boroughs

Under
Code 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. The previous official versions we ...
§ 15.2-3534, when multiple local governments consolidate to form a consolidated city, the consolidated city may be divided into geographical subdivisions called "
boroughs A borough is an administrative division in various English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely. History In the Middle A ...
", 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 often refers to: *Chesapeake people, a Native American tribe also known as the Chesepian * The Chesapeake, a.k.a. Chesapeake Bay *Delmarva Peninsula, also known as the Chesapeake Peninsula Chesapeake may also refer to: Populated plac ...
is divided into six boroughs, one corresponding to the former city of
South Norfolk South Norfolk is a Non-metropolitan district, local government district in Norfolk, England. Its council is based in Long Stratton. The population of the Local Authority District was 124,012 as taken at the United Kingdom census, 2011, 2011 ...
and one corresponding to each of the five magisterial districts of the former Norfolk County.
Suffolk Suffolk () is a ceremonial county of England in East Anglia. It borders Norfolk to the north, Cambridgeshire to the west and Essex to the south; the North Sea lies to the east. The county town is Ipswich; other important towns include ...
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 is an extinct jurisdiction that was located south of the James River in Virginia Colony and in the Commonwealth of Virginia (after statehood) in the United States, from 1646 until 1974. It was known as Nansemond County until 1972. From ...
. In
Virginia Beach Virginia Beach is an independent city located on the southeastern coast of the Commonwealth of Virginia in the United States. The population was 459,470 at the 2020 census. Although mostly suburban in character, it is the most populous ci ...
, 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 township A civil township is a widely used unit of local government in the United States that is subordinate to a county, most often in the northern and midwestern parts of the country. The term town is used in New England, New York, and Wisconsin to ref ...
s in some states), 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 Organization The Byrd machine, or Byrd organization, was a political machine of the Democratic Party led by former Governor and U.S. Senator Harry F. Byrd (1887–1966) that dominated Virginia politics for much of the 20th century. From the 1890s until the ...
, 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 cities. 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 A general assembly or general meeting is a meeting of all the members of an organization or shareholders of a company. Specific examples of general assembly include: Churches * General Assembly (presbyterian church), the highest court of pres ...
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 is the name of both a body of water in the United States that serves as a wide channel for the James, Nansemond and Elizabeth rivers between Old Point Comfort and Sewell's Point where the Chesapeake Bay flows into the Atlantic ...
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 The Great Dismal Swamp is a large swamp in the Coastal Plain Region of southeastern Virginia and northeastern North Carolina, between Norfolk, Virginia, and Elizabeth City, North Carolina. It is located in parts of the southern Virginia indepe ...
being located entirely within cities (
Chesapeake Chesapeake often refers to: *Chesapeake people, a Native American tribe also known as the Chesepian * The Chesapeake, a.k.a. Chesapeake Bay *Delmarva Peninsula, also known as the Chesapeake Peninsula Chesapeake may also refer to: Populated plac ...
and
Suffolk Suffolk () is a ceremonial county of England in East Anglia. It borders Norfolk to the north, Cambridgeshire to the west and Essex to the south; the North Sea lies to the east. The county town is Ipswich; other important towns include ...
) and the rise of
Virginia Beach Virginia Beach is an independent city located on the southeastern coast of the Commonwealth of Virginia in the United States. The population was 459,470 at the 2020 census. Although mostly suburban in character, it is the most populous ci ...
to the most populous city in the state (usurping
Norfolk Norfolk () is a ceremonial and non-metropolitan county in East Anglia in England. It borders Lincolnshire to the north-west, Cambridgeshire to the west and south-west, and Suffolk to the south. Its northern and eastern boundaries are the Nor ...
), 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 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 107,000 residents in Henrico County. By 1965 that number had increased by nearly 40,000. 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 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 of the 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 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 The City of Richmond was a local government area about east of Melbourne, the state capital of Victoria, Australia. The city covered an area of , and existed from 1855 until 1994. History Richmond was incorporated as a municipality on 24 ...
, 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 A taxi, also known as a taxicab or simply a 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 choi ...
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 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 is a public school district located in 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 ...
. 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 Desegregation is the process of ending the separation of two groups, usually referring to races. Desegregation is typically measured by the index of dissimilarity, allowing researchers to determine whether desegregation efforts are having impact o ...
lawsuit in the
U.S. Federal Court The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...
s. The schools involved in the annexed area included the
Huguenot High School Huguenot High School, part of the Richmond Public Schools system, is a high school located in Richmond, Virginia, United States, with grades 9–12. Huguenot High School was named in honor of the Huguenots, French Protestants who emigrated to ...
, 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 Race-integration busing in the United States (also known simply as busing, Integrated busing or by its critics as forced busing) was the practice of assigning and transporting students to schools within or outside their local school districts in ...
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 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 Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement ...
. 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, colloquially known as C'ville, is an independent city in the Commonwealth of Virginia. It is the county seat of Albemarle County, which surrounds the city, though the two are separate legal entities. It is named after Queen ...
and surrounding
Albemarle County Albemarle County is a county located in the Piedmont region of the Commonwealth of Virginia. Its county seat is Charlottesville, which is an independent city and enclave entirely surrounded by the county. Albemarle County is part of the Char ...
. 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 The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, the oldest continuous law-making body in the Western Hemisphere, the first elected legislative assembly in the New World, and was established on July 30, 16 ...
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. Should this moratorium expire, Chesterfield County would remain immune from annexation by Richmond because of the 1981 grant of immunity, but not from annexation by its other adjoining cities.


Legal liability of subdivisions and their employees


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 Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from b ...
,
implied contract A quasi-contract (or implied-in-law contract or constructive contract) is a fictional contract recognised by a court. The notion of a quasi-contract can be traced to Roman law and is still a concept used in some modern legal systems. Quasi Contr ...
, quantum meruit, and
unjust enrichment In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make re ...
. 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 In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compen ...
. 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 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 have authority to try cases with a ...
. 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.


Tort liability


Liability of subdivisions

The state of Virginia has enacted the Virginia Tort Claims Act, which waives the
sovereign immunity Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger ...
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 A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
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 treatment (or domestic wastewater treatment, municipal wastewater treatment) is a type of wastewater treatment which aims to remove contaminants from sewage to produce an effluent that is suitable for discharge to the surrounding envi ...
, or
storm drain A storm drain, storm sewer (United Kingdom, U.S. and Canada), surface water drain/sewer (United Kingdom), or stormwater drain (Australia and New Zealand) is infrastructure designed to drain excess rain and ground water from impervious surfa ...
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 cannot 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'' (Latin: ''"the thing speaks for itself"'') is a doctrine in the common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evid ...
'' 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 is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...
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 (from archaic ''nocence'', through Fr. ''noisance'', ''nuisance'', from Lat. ''nocere'', "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") ...
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 In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well ...
, 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 negligence Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." In some jurisdictions a person injured as a result of gross negl ...
(as opposed to "ordinary" negligence) or for
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 (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that simply results from the f ...
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'':''James v. Jane'', 221 Va. 43, 53, 282 S.E.2d 864, 869 (1980). # 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 Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any ...
s are not considered employees, and are therefore not subject to any kind of immunity.


References


External links


Virginia Commission on Local government websiteFunctions of Counties, Cities and Towns
{{DEFAULTSORT:Virginia, Administrative divisions of Local government in Virginia Administrative divisions of the United States by state