Loudoun County: Virginia Transportation Plan Unconstitutional

By: Lowell
Published On: 7/4/2007 6:50:35 AM

Well, well, well.  It looks the Virginia transportation monstrosity plan, including balkanized "regional authorities" and unpopular $3,000 traffic "fees," may not be happpening after all.  That is, if Loudoun County has anything to do with it:

The Loudoun County Board of Supervisors voted yesterday to challenge Virginia's new transportation plan, a decision that threatens to delay or even derail an agreement that promised to raise up to $400 million a year for road and transit improvements in Northern Virginia.

Loudoun officials argued that the law that created the transportation plan violates the state constitution by allowing an appointed panel of local officials called the Northern Virginia Transportation Authority to levy taxes and impose fees on area residents. The supervisors said state officials escaped the politically hard choice of raising taxes by pawning that responsibility off on a little-known body that cannot be held accountable at election time.

By the way, the Loudoun County Board of Supervisors consists of six Republicans, two Independents, and one Democrat.  According to Lori L. Waters, one of those "R"s, "at the end of the day, our citizens want transportation solutions, and Richmond is playing games."

Verrrry interesting.


Comments



Another aspect of this "plan" (Lowell - 7/4/2007 10:13:18 AM)
The "abuser fees" are skewered by Tom McLaughlin in the News Record:

...lawmakers have created a hierarchy of fees and fines that in many cases stands way out of proportion to the offenses committed. The civil remediation fees found life in House Bill 3202, which is the much-ballyhooed "transportation compromise" that cleared the Assembly and eventually was signed into law by Gov. Tim Kaine. The bill features lots of sneaky ways to raise revenue; Rube Goldberg looks like an Amish craftsman next to the authors of this legislative contraption. The civil remedial fees are supposed to generate somewhere between $60 million to $130 million annually, which is roughly what you¹d raise by increasing the state's gas tax by a couple of pennies. But the powers-that-be in Richmond - namely, the Republican leadership of the House of Delegates - declared a gas tax hike off the table even before the transportation negotiations began. So we're left with this monstrosity: the ultimate don't-tax-thee, tax-the-man-behind-the-tree dodge.

BTW, I like how McLaughlin calls the transportation plan a "monstrosity."  Has he been reading Raising Kaine the past few months? :)



What did they accomplish? (Not Harry F. Byrd, Sr. - 7/4/2007 11:12:38 AM)
The "Transportation Plan" had three major revenue components:

1 - Abuser Fees.
  A - Legality being challenged by defense lawyers on equal protection grounds.
  B - Full costs not fully anticipated in revenue projections (more trials, judges, clerks, deputies, jail beds, court appointed attorneys, collection expenses, etc.)
  C - Lots of money in Dave Albo's pocket in the meantime....

2 - Local Funding Options
  A - Legality being challenged by Boards of Supervisors, commercial property owners, regular citizens.

3 - Bonded debt using future surpluses
  A - Surpluses gone, Governor just announced $300M shortfall.
  B - Can be easily changed by future legislatures.

I'm not clear what they've accomplished other than give a bunch of laywers a bunch of crap to fight about and putting some money in traffic lawyers' pockets in the meantime. 

Not to mention the fact that this plan left about 80% of our identified future unfunded needs unmet. 



Traffic Fees-FINAL ANNOUNCEMENT- Dave Albo- NVTA (HB3202 - 7/6/2007 1:13:49 PM)
"ATTENTION,  for those Northern Virginians or anyone, who really want any chance at waking from this nightmare, please show up at the last chance Public Hearing to speak your peace on July 12th.  FINAL DECISION TO ACTUALLY ENACT DAVE ALBO's  PSYCHO TRAFFIC FEES CAN & PROBABLY WILL BE MADE AT THE END OF THIS MEETING ! ! !
For details on the meeting and the address for written input, SEE PAGE 2 OF THIS PDF:
http://www.thenovaau...
  "NVTA" dated this piece June, 7th.  However, I've yet to see it on ANY blogs or news articles.....suspicious.  Also, they(NVTA) seem to be regularly changing the .pdf's address, as if.....  so when this link dies AGAIN,  plan B for those interested is to see the NVTA's home page at http://www.thenovaau...  & click on the "read more" option under the top left "News & Events" heading announcing the Hearing...this will take you directly to the .pdf.

For the record, NVTA is the "Appointed"(read politically immune) Board assigned the task of facilitating this NIGHTMARE. 
The "announcement" of this hearing might be required of them,  but they've succeeded in keeping it a VERY quiet "announcement". If ever the "masses" should make a showing....it's at this meeting! ! !