I’m hearing that the Virginia Supreme Court has ruled HB 3202, the transportation bill that created the NOVA and HR Transportation Authorities, is unconstitutional. I’m told that the opinion was written by Bernard Goodwin and the vote was 9-0. I understand the opinion basically said that taxes cannot be imposed on one locality by another locality.
As soon as I get a copy of the opinion, I will post.
Separately, I’ve been meaning to report that the HRTA has once again delayed the effective date of the imposition of the taxes and fees. The date has been moved from 4/1 to 5/1. Guess they wanted to wait on this opinion first.
UPDATE: PilotOnline has the story.
UPDATE2: The opinion is here (pdf) The money quote:
If payment of the regional taxes and fees is to be required by a general law, it is the prerogative and the function of the General Assembly, as provided by Article IV, Section 1 of the Constitution, to make that decision, in a manner which complies with the requirements of Article IV, Section 11 of the Constitution. Accordingly, we hold that the provisions of Chapter 896 permitting NVTA to impose the regional taxes and fees are invalid because they violate the Constitution.
This opinion is only for the NOVA TA but it effectively kills the HRTA as well.
UPDATE3: Joint statement by Governor Tim Kaine, AG Bob McDonnell and Speaker Bill Howell is below the fold.
JOINT STATEMENT OF GOVERNOR KAINE, ATTORNEY GENERAL MCDONNELL AND SPEAKER HOWELL
~ On the Supreme Court’s ruling regarding the Northern Virginia Transportation Authority ~
RICHMOND – Governor Timothy M. Kaine, Attorney General Robert F. McDonnell, and Speaker of the House of Delegates William J. Howell today released the following statements in response to the ruling by the Supreme Court of Virginia regarding the Northern Virginia Transportation Authority:“I am disappointed by the Supreme Court’s finding that the limited authority to impose taxes granted by the General Assembly in 2007, by an overwhelming vote by both bodies, was unconstitutional,” said Governor Kaine. “I remain committed to working with the General Assembly to ensure that the Commonwealth provides adequate funding for our transportation needs. Over the next few days, my legal staff and I will work closely with the Attorney General’s Office and members of the General Assembly to determine what alternatives are available to provide adequate transportation funding.”
“We intervened in this case as is our obligation to defend challenges to the constitutionality of legislation passed by the General Assembly,” said Attorney General Bob McDonnell. “The Virginia Supreme Court has spoken, we respect their decision, and we will advise our clients appropriately based on today’s ruling. It remains critical for Virginia’s future prosperity that we improve our transportation system.”
“The complicated decision of the Court, and its effect on the regional components of the Comprehensive Transportation Funding and Reform Act of 2007, are disappointing to those of us who continue to support improving our roads, reducing congestion and increasing mobility for all Virginians,” said Speaker William J. Howell (R-Stafford). “We will be reviewing this decision carefully and remain committed to sorting out the long-term prospects for the regional plans in a timely manner. Fortunately, the statewide components of the Act – which by themselves incorporate the largest single investment in transportation in a generation – are working right now to improve our roads, railways, and public transit.”
VIVIAN J. PAIGE | All Politics is Local 
When Mark Warner was Governor of Virginia, he rammed through the largest tax increase in recent Virginia history while we had a huge SURPLUS to boot. It seems to me our legislative bodies could more appropriately determine to delegate some of that good sized SURPLUS to resolving the costs of our transportation needs when it comes to building roads, etc. The House of Delegates tried to get that done at one point – when will the people of this state be heard in the matter?
Sincerely,
Victoria
Told you so!
Now we can go back and do it right.
These projects should never have been lumped together to be paid for by the same source. Different projects require different funding schemes. See:
http://tidewaterliberty.wordpress.com/2008/01/26/paying-for-roads/
Those who benefit from a project most should proportionately bear the burden.
Don,
I used to think along similar lines myself, but I no longer think it is quite so simple.
While the gas taxes paid for my truckers may not come close to paying for the “third crossing,” it will take truck traffic off other routes, which is a benefit to all those who use those other routes. Unless there is a considerable savings in time, a toll will deter truckers from using the new route.
I suspect there will be other indirect benefits to this additional infrastructure that your analysis does not consider.
Hooray for Justice Goodwyn! I am so glad to see one of his first opinions be so influential. He is going to be a fantastic Justice who we can count on to interpret our Constitution faithfully without regard to political pressure.
I am so glad to see this effort defeated. This transportation authority, in my view, is part of a troubling trend in our state’s government. Politicians have become so afraid to enact a tax themselves that they have attempted on a couple of occasions to use referenda to institute new taxes. Most recently, they created these transportation authorities, and endowed the unelected bodies with the power to tax.
I hate taxes as much as the next citizen, but we have a representative form of government for a reason. Citizens will never vote to tax themselves via referenda and unelected bodies should not be empowered to tax the populace either. It is time that our General Assembly show some backbone.