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Understanding Local Government, Second Edition (2009)

Understanding Local Government, Second Edition (2009)

Sandra M. Stevenson, Professor of Law, Albany Law School


Availability: In Stock
Publisher :LexisNexis Electronic Publications
Format: epub , eBook

ISBN: 9781422486412

2009
 
$36.00
  1  




    Local governments have their own unique characteristics and personalities. In some ways, they are similar to the Federal Government because they are totally dependent on the kind of structure and authority that has been delegated to them by their states. Although this means that there are pronounced variations from state to state, there are also basic characteristics that are common to all. Focusing on those basic characteristics, this treatise aims to provide a general understanding of the functionality of local governments.

    Understanding Local Government identifies the underpinnings and the concepts that determine how local governments function in fulfilling their purpose of providing both needed and desired services to their residents. The book is designed for ease of use in both teaching and learning, having an introduction and overview at the beginning of each chapter and clearly delineated subsections. The book also makes numerous references to laws and other materials of particular states and regions, making it easy to provide illustrative examples and to supplement the text. Specific areas covered include:

    •   Local authority and regulation; •   Land use controls; •   Local contracts; •   Delivery of services and assistance; •   Public access to information and right to vote; •   Local officers and employees; •   Local government liability; and •   Local finances.

    Chapter 1 Introduction to Local Government
    1.1 Introduction and Chapter Overview
    PART I FORMS AND RELATIONSHIPS OF LOCAL GOVERNMENTS
    1.2 Forms From Colonial Days to Present
    1.3 Relationship to the Federal Government
    1.4 Relationship to the State Government
    1.5 Relationship Between and Among Local Governments
    PART II GEOGRAPHICAL AND POLITICAL STRUCTURE OF LOCAL GOVERNMENTS
    1.6 Creation and Dissolution
    1.7 Change in Boundary or Structure
    1.8 Forms of Government

    Chapter 2 Local Authority
    2.1 Introduction and Chapter Overview
    PART I HOME RULE AND OTHER DELEGATED AUTHORITY
    2.2 Delegation of Home Rule Authority
    2.3 State Concerns and Local Concerns
    2.4 Implied Authority and Dillon's Rule
    2.5 State and Federal Preemption
    PART II EXERCISE OF LOCAL AUTHORITY - LIMITATIONS AND REQUIREMENTS
    2.6 Local Governing Body and Local Enactments
    2.7 Federal and State Constitutional Requirements
    2.8 Delegation of Authority to Officers and Administrative Agencies

    Chapter 3 Regulation by Local Governments
    3.1 Introduction and Chapter Overview
    PART I GENERAL EXERCISE OF POLICE POWER
    3.2 Nuisances
    3.3 Business Regulation
    3.4 Adult Uses
    3.5 Alcohol, Tobacco, and Firearms
    3.6 Speech and Movement of Individuals
    3.7 Other Health, Safety and Welfare Concerns
    3.8 Civil and Human Rights
    PART II LICENSES, PERMITS AND FRANCHISES
    3.9 Local Licenses and Permits
    3.10 Franchises
    3.11 Telecommunications
    3.12 Challenge to the Grant or Denial of License, Permit or Franchise

    Chapter 4 Private and Public Land
    4.1 Introduction and Chapter Overview
    PART I REGULATION OF PRIVATE LAND USE
    4.2 Planning
    4.3 Zoning
    4.4 Applicability, Variances, Special Permits and Exceptions
    4.5 Regulatory Takings and Moratoriums on Development
    4.6 Development Approval with Conditions of Exaction, Impact or Linkage Fees
    4.7 Enforcement and Appeal from Zoning Requirements and Decisions
    PART II PUBLIC PROPERTY
    4.8 Acquisition and Disposition of Local Government Property
    4.9 Public Property Liability
    4.10 Use of Public Property

    Chapter 5 Local Contracts
    5.1 Introduction and Chapter Overview
    PART I AUTHORITY, PROCEDURE AND FISCAL REQUIREMENTS
    5.2 Authority to Contract
    5.3 Procedural and Format Requirements
    5.4 Fiscal Requirements
    PART II COMPETITIVE BIDS
    5.5 Requirement for Competitive Bids and Exceptions
    5.6 Specifications, Restrictions and Formalities
    5.7 Local Action on Bids
    5.8 Judicial Challenge to Competitive Bidding
    PART III QUASI-CONTRACTS
    5.9 Local Obligation Without a Contract
    5.10 Local Obligation With an Invalid Contract
    PART IV ENFORCEMENT OF CONTRACTS
    5.11 Contract that is Unauthorized, Executed by Unauthorized Agent, or in Unauthorized Form or Procedure
    5.12 Contract That is Prohibited or Contrary to Public Policy
    5.13 Ratification or Estoppel

    Chapter 6 Delivery of Services and Assistance
    6.1 Introduction and Chapter Overview
    PART I SPECIAL DISTRICTS, AUTHORITIES, AND PRIVATIZATION
    6.2 Education and School Districts
    6.3 Special Improvement Districts
    6.4 Public Authorities
    6.5 Privatization of Services or Assets
    PART II PROTECTION, ASSISTANCE AND SERVICES TO INDIVIDUALS
    6.6 Local Liability for Law Enforcement and Fire Protection
    6.7 Public Assistance
    6.8 Housing
    6.9 Local Response to Changes and Disasters
    6.10 Local Courts and Dispute Resolution
    PART III COMMUNITY AND ECONOMIC DEVELOPMENT
    6.11 Community Development
    6.12 Economic Development

    Chapter 7 Public Access to Information and Right to Vote
    7.1 Introduction and Chapter Overview
    PART I ACCESS TO INFORMATION
    7.2 Freedom of Information
    7.3 Open Meetings
    7.4 Protection of Privacy
    PART II LOCAL ELECTIONS AND CITIZEN RIGHT TO VOTE AND GOVERN
    7.5 Local Elections and Voter Eligibility
    7.6 Local Elections and Reapportionment
    7.7 Equality and the Voting Rights Act
    7.8 Initiative and Referendum

    Chapter 8 Local Officers and Employees
    8.1 Introduction and Chapter Overview
    PART I REQUIREMENTS FOR LOCAL OFFICERS AND EMPLOYEES
    8.2 Eligibility and Ethical Considerations
    8.3 Regulation of Activities and Conduct
    8.4 Dismissal and Disciplinary Action
    PART II PROTECTION AND LIABILITY FOR LOCAL OFFICERS AND EMPLOYEES
    8.5 Constitutional and Statutory Civil Rights Protections
    8.6 Personal Liability and Qualified Immunity
    8.7 Civil Service

    Chapter 9 Local Government Liability
    9.1 Introduction and Chapter Overview
    PART I TORT CLAIMS
    9.2 Immunity and Liability for Acts of Officers, Employees and Independent Contractors
    9.3 Negligence
    9.4 Nuisance, Trespass and Unconstitutional Taking of Property .
    PART II CONSTITUTIONAL, CIVIL RIGHTS AND ANTITRUST CLAIMS
    9.5 Constitutional Claims
    9.6 Section 1983 Actions
    9.7 Other Federal Civil Rights Acts
    9.8 Americans With Disabilities and Age Discrimination in Employment Act
    9.9 Antitrust
    PART III PROCEDURAL REQUIREMENTS
    9.10 Notice of Injury and Intent to File a Claim
    9.11 Time Limitations and Damages

    Chapter 10 Local Finances
    10.1 Introduction and Chapter Overview
    PART I LOCAL REVENUE
    10.2 Federal and State Aid
    10.3 Constitutional and Statutory Limitations on Local Taxation
    10.4 Real Property Tax
    10.5 Sales and Use Taxes
    10.6 Income, Gross Receipts, and Personal Property Taxes
    10.7 Fees and Special Assessments
    10.8 Other Taxes; Lotteries; and Recoupment of Public Costs From Tobacco and Gun Manufacturers
    PART II LOCAL EXPENDITURES
    10.9 Public Purpose Requirement
    10.10 Prohibited or Required Expenditures
    10.11 Expenditure Process
    PART III LOCAL INDEBTEDNESS
    10.12 Limitations on Borrowing
    10.13 Borrowing for Community Development
    10.14 Borrowing Procedure

    Table of Cases
    Index

     

     

 
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