A group of 18 conservative politicians are challenging the legality of the landmark transportation bill that would provide Virginia’s first infusion of road-building money in two decades.
“Funding transportation is a laudable goal,” said Del. Robert Marshall, R-Prince William, “but it is not worth violating the constitution of Virginia.”
Two local courts already have struck down one component of the omnibus measure, fees levied on Virginians committing driving offenses. Marshall and his 17 co-plaintiffs feel the package has many flaws, based on the brief they filed late Monday in Richmond Circuit Court.
For example, the conservatives argue that the package’s $3 billion in bonds should be nixed because the constitution requires that a referendum be held before any debt is issued. The impact fees that local governments can levy on developers, the suit says, equal an unconstitutional taking of property without compensation.
Marshall and other General Assembly members raised similar arguments during legislative debate on the funding plan but did not convince enough of their colleagues. Supporters, including Gov. Tim Kaine, have repeatedly found themselves defending the measure’s constitutionality.
“The governor feels confident that the transportation package is constitutionally and legally defensible,” Kaine spokeswoman Delacey Skinner said.
In a separate legal action relating to the bill, Marshall filed a complaint this week in Arlington Circuit Court arguing that the Northern Virginia Transportation Authority does not have the constitutional power to levy taxes and fees to fund road construction, mass transit service, and bicycle and pedestrian projects.
The authority should not have been allowed those powers under the transportation bill, Marshall said, because its members are not elected.
Last month, authority members voted to raise about $300 million a year for regional projects by imposing a 5 percent tax on vehicle repairs, a 2 percent tax on rental cars, a 2 percent tax on hotel and motel rooms, a 1 percent tax on first-time vehicle registrations and property tax of 40 cents per $100 of assessed value on land sales. The authority also approved adding $10 to the cost of vehicle safety inspections and registrations.
“I am compelled by my oath [of] office to stand by my constituents,” Marshall said.
