How does the ruling against transportation authorities affect Hampton Roads?

Well Mr. Barrett, the question appears to most of the bloggers on this subject is that YOU and the ones in your profession would be one the only ones that prosper, vice Virginia. The House of Delegates aren't the only ones to blame here. The Virginia Senate ALSO endorsed this "LOVE FEST" called the Hampton Roads Tax---Transportation Authority. Is it too much to ask that the GA play by the Constitution rather than pass the buck to an unelected body that NOBODY wanted. I attended the meetings and listened to all of this bulls*it about we taxpayers wanting a free ride. I have paid for my ride as everyone else has on this blog. Are you suggesting that The House ignore it constituents and their wishes? If you suggest all members of The House resign on false pretenses, then the same should be said of the Senate and Governor as well. THEY ARE ALL TO BLAME because they all signed off on it.
You also seem to assume that the folks that drive the roads around here don't have a clue as to road projects would benefit their needs. That is what is ABSURD! If any group that needs to resign are those donuts in The HRPDC.

Regretfully, the proposal by Speaker of the House Howell is not a solution; it is just an example of why we are in the dilemma we now face. That is, the House of Delegates has refused to fulfill one of its primary responsibilities which is to provide a transportation system so that Virginia can prosper. It is as if he believes the voters can design a system and a method to pay for it that would garner a majority vote. How incredibly absurd! To suggest that is just to basically admit that the Commonwealth will continue to defer improvements to the system, that we will stop building new projects, that we will give back our federal funds because we refuse to match them with state dollars, and we will wait until all the citizens of Hampton Roads can get together in a lovefest and design and pay for new transportation infrastrucure. No, they need to act now. They ran on a platform of having solved the transportation crisis. If they don't fix it, all members of the House should resign for running under false pretenses.

The HRTA needs to go away.

Where is the funding for the HRTA to do anything? I suggest that the developers....the Hampton Roads Development Authority fund this endover. Oh, that's right. Developers don't have to pay for anything, they just develop and let the taxpayer pay. I agree, no need to miss a beat, tax the over-development that has created the transportation gridlock and we can all be happy. Except that developers don't pay. They just rake in the money. So Mr. Barrett, when will you assist to fund the HRTA? I await your check.

I think td84719 is actually just Mike Barrett with an alias. Don't listen to him. This is all about profit for his business interests. He doesn't care about you or me and what this area has been doing the past few years to lower our take home income and degrade our standard of living!

If the court says..."The General Assembly is prohibited from delegating its power to levy taxes and fees. If legislators want to levy those taxes and fees, they must make the decision themselves"...it seems like the solution can be complex if we want to reopen the can of worms, or simple. That is, let the General Assembly simply pass the taxes and fees. Afterall, if they voted to solve the problem then, there is no reason why they should not vote to do so again. And if they believe a different mix of fees or taxes is appropriate, then pass the existing fees as it and if you can develop consensus on some new scheme, then substitute that when it can pass. In the meantime, the HRTA can get to work designing the projects, completing the environmental studies, and issuing RFP's to get the work done. No real need to miss a beat, but of course, that means the GA must act. We should not let them off the hook; they ran on the faxt they had provided a solution; so make it so.

We vote these people in office and then we set them free. We don't watch what they are voting on, because we have the notion they are looking out for us. That is the biggest mistake any of us can make. If you are not signed up for sites like congress.org where you get to voice your opinion before our elected officals vote and then get a vote record on how they actually did vote, then we can't blame anyone but ourselves. If we do not continue to write/call them and let them know how we feel, then we cannot blame anyone but ourselves.

Somebody tell Reid that developers don't "dump" drivers on the roads. Developers build housing, rental and for sale, because, golly gee, our fellow citizens need places to live! Sometimes, we ourselves need places to live! So we buy houses, and our kids rent apartments, and then, they buy houses! And then, nature being what it is, they have kids too, so they need bigger houses, and they want to live in good school districts. And then, they like to live near their work, if they can afford it, but usually they cannot afford it, because housing close to employment centers is usually expensive because people like Reid complain about developers and development, so when the shortage of housing happens, prices skyrocket and our kids have to move to Suffolk and Isle of Wight to find the house they can afford, but then they have to drive back to Norfolk or Greenbrier or Va Beach to work. So then, they complain about the traffic on the roads.

Want a real life example of this? That's how northern Va.'s problems got to their present state. But of course, it can't happen here! Right????

Gov't only gets bigger until something bad happens (it's coming). It expands, and more tax money is required to fuel it. HRTA was a bad idea, but there are way bigger problems on the horizon. A huge amount of tax revenue generated from housing and employment is going to go away, and it's going to create a huge problem for the municipalities. I've seeing talk of some places in California where the cities are talking bankruptcy. We're likely going to have bank failures due to the greed and stupidity over the past few years, and with the investments blowing up the world is likely to think America cheated them, and are not going to want to buy our debt. We depend on them buying our debt. But I'm sure the local "leaders" have no clue about any of this.

When you say that there is plenty of tax money in the pot, we just have to redistribute it properly, so no new taxes are needed, sounds really great. The problem is that the legislators won't cut back on their pet projects, the ones that major contributors support. The first words you hear is that cutbacks in the schools, public works, law enforcement, roads and maintenance, the basic things that we must have adequately funded, will be required. Remember, we hired these legislators to represent us. Once they get in office if we just cut them loose and turn away, they will do whatever they want to do. Like all employees, they need to be trained and supervised in order to get a good days work out of them. Unfortunately, if you turn your back, you get what you've got now. They start looking out for themselves and not their employer. Us managers need to get it together and make our employees earn their pay and begin worrying about their progress reports and evaluations. We need to start documenting their performance so we can justify necessary disciplinary action. That's what good managers/business owners must do.

Don't tax you,
Don't tax me,
We all know that roads are free!

It's about time someone put the politicians back here on planet Earth. THe judges get one right for a change.

Raise the gas tax a dime. End of story. Let the trucks and tourists pay their share just like the rest of us and if the people who live in the western hinterlands of the state don't like it, tough.....

The Judges get one right. Instead of being activists, they upheld the lawws of our commonwealth!

This is from the VA Supreme Court's opinion on the transportation authorities. I think the court has ruled before on the "presumption of constitutionality" in a case from Newport News.

"Established principles govern our determination whether the General Assembly has adhered to the Constitution in exercising its legislative power. The exercise of that power clearly encompasses the levying of taxes. Every law enacted by the General Assembly carries a strong presumption of validity, and courts are concerned only with the issue whether a legislative enactment has been rendered according to, and within, constitutional requirements." City of Newport News v. Elizabeth City County, 189 Va. 825, 839, 55 S.E.2d 56, 64

I don't necessarily agree with that "presumption", but in all fairness to the AG, and his staff, I believe that is why they made such comments. Because of his opinion The Supreme Court of VA threw the local transportation authorities under the bus. AND RIGHTLY SO!

I would like to rescind my comment earlier about the posters being old and not caring about the transportation woes around here. First, I had a very stressful morning. Second, I become somewhat frustrated when I read the comments, as many of them are quite narrow-minded (and not just on this topic). My comment, however, was also very much narrow-minded and rude, and for that I apologize. I feel that all of the posters (including myself) need to be more civil to each other. I believe that since we cannot see each other, it becomes easier to say things you would not normally say. May everyone have a great rest of the weekend.

Developer Barrett wrote, "It was not the Senate that was the obstacle to a more traditional solution to our transportation crisis; it was the anti tax delegates in the House of Delegates who refused to levy the taxes necessary to fund transportation."

The state already collects plenty of taxes to pay for the roads. The problem has been the unwillingness to protect the TTF, the GA raiding the TTF, a failure to reform VDOT, and the failure of government to prioritize transit spending so that the focus is on reducing traffic congestion, not using transportation funds to "stimulate" more development - or expand the port.

The other problem has been over development without APF (Adequate Public Facilities) laws that would require developers to pay for the costs their new development caused when they dump to many new drivers and new trucks on our roads.

APF laws have failed in the GA because guys like Mike and his business pals lobby hard to block such bills.

If she spoke against AG Bob McD's policies, she would have been fired back then.

Well, hallelujah, at least one of the three branches of government in our commonwealth can understand the constitution. The Governor, Attorney General, and the General Assembly, cheered on by the Virginian-Pilot, a supermajority of local mayors and chairs, and many, if not most, of the Chamber of Commerce types, thought they could slam-dunk this ill-conceived and unaccountable pick-pocket authority through the hoop. Tough luck for the Northern Virginia counterpart which had already begun vacuuming the wallets of its residents. Giving back what they have taken will not be so easy.
Let's insist that the next iteration of the transportation plan recognizes the needs of Northern Virginia and Hampton Roads as part of a statewide responsibility with a statewide funding mechanism behind it. Our two regions have subsidized everyone else for years. Now is the time for what has gone around to come around.

but if anyone thinks we should pay more, they need to put up or shut up and start paying into the Tax Me More fund:
http://www.tax.virginia.gov/site.cfm?alias=GeneralFundDonations
For those of us who still believe in the vision our founding fathers had, I have 2 words : user fees

It better happen. Deputy Attory General Stephanie Hamlett must be fired for incompetence. Plain and simple, she is not capable of providing any valid legal advice to the legislature or governor, and should be terminated. Geez, even my tax dollars are used to pay her salary, and she cannot provide a proper review of the state Constitution. In the words of donald trump...."Your FIRED!"

Likely future gubernatorial candidate AG Bob McD will defend the taxing abilities of the HRTA.

June 12, 2007 -- "In a letter earlier this month, the Virginia Attorney General's Office said any legislation by the General Assembly is presumed to be constitutional.

"All legislative power is vested in the General Assembly, and the power to tax 'is a legislative power which the General Assembly inherently enjoys,' " wrote Deputy Attorney General Stephanie Hamlett.

The letter was addressed to the city attorneys for all municipalities that would participate in authorities in Northern Virginia and Hampton Roads.

Hamlett also said the bill that authorized the creation of the roads agency "is constitutional and this office will vigorously defend any additional challenge to the legislation." "

It was not the Senate that was the obstacle to a more traditional solution to our transportation crisis; it was the anti tax delegates in the House of Delegates who refused to levy the taxes necessary to fund transportation. It is true that the Chairman of the Party and the Attorney General who essentially took party leaders to the wood shed and told them that if they did not come up with a solution that few of them would remain in office. So the regional authorities were cobbled together by desperate politicians who did not want to face the voters without a transportation Bill. Well, they got the Bill, but now it has blown up, so they are stuck with finding a solution to the problem. The only progress is the clear recognition that a funding solution is necessary; after all, the House, the Senate, and the Governor signed off on the statewide plan and the regional authorities. So now, all they need to do is substitute funding they approve, and as far as I am concerned, don't come home until you do.

Im not an anti tax zealot like that North End fat cat might have you believe. I simply believe that we are taxed ENOUGH! Spend less and live within your means. If you want/need new roads then cuts in other areas are needed.

Need help sharpening your red pen, Im sure I could come up with a few ideas.

I would also suggest that if you have to cross the HRBT everyday then perhaps you live on the wrong side.

Because the purpose of our state constitution is to protect us from the crap our forefathers had to deal with and started a war over I believe it was around 1776, but you may want to check. The HRTA is the the worst piece of legislation ever passed in the history of our state. Why don't we address the real issue of the mater, taking our transportation funds and putting them into the general fund. Look at those accountable to the people, they don't even do a good job managing money why do does anyone think that an unelected body, not accountable to the people would do any better? The majority of the money would go to bureaucracy, not roads.

I wonder if Senator Ken Stolle would like fries with his crow?

Let's put the blame squarely where it belongs: Cowards in the General Assembly who lacked the intestinal fortitude to solve the transportation problem in an election year, so they attempted to pawn it off to a non elected regional taxing authority. Hip hip hooray for the Virginia Supreme Court for seeing through this scam on Virginians.

In a election brochure last year, State Senator Stolle referred to HB 3202, the legislation that created the unconstitutional taxing authorities, as "The Stolle Republican Transportation Plan." It's a long time until the next election for his seat, but remember Ken Stolle as the architect of this flawed legislation when he runs again for reelection.

I know where we can come up with nearly a BILLION dollars for transportation and not have raise anyone's taxes. Recind that idiotic tax relief for personal property. I still cut a check every June to the City Treasurer for my share of the payment, so the tax never went away. But every year 900 million dollars are taken off the top of the general revenue fund to pay Va Beach my other share of the tax that never went away. The personal property tax is still collected only we are lierally robbing Peter to pay Paul. I am willing to pay my full share of the tax if it means we can get another crossing out of the southside to safety in the event of a Cat 3 storm.
Thanks, Jim, for ruining Virginia's fiscal well-being.

Ever notice how guys like Lord Barrett claim the MPO "package" of highway projects are all about speculative economic development? Every notice how they market the same "package" of highways as if they somehow will "solve the crisis in congestion"? Even the HRPDC admits that 25 years from now, when the "package" is completed, the levels of severe congestion are hardly reduced such that it will make almost no difference in our congestion. There you have it, this is about more development and more trucks the port intends to dump on our roads, because the port wants to expand. If it costs us more to pay for the resulting roads, tunnels, dredging, port facilities, and rail to move the new frieght in and out of the port then we make back in taxes - then this is s dumb business decision. If the taxes are more than the infrastructure costs, then great - let the port pay for it.

If it had not been for the uncontrolled over development of this area, we would not have the transportation mess we do now. As in VB for example, the "sit and smile" council blindly approved every develpoment package with no consideration for the impact. Roads (state and city) became congested with no improvement. The school system has been over-run with no releif. Police/fire/rescue cry to the council for additional resources or to stem development and get ignored. Now we have a mess, and developers want to blame the anti-tax zealots! Trust me, the Independence Blvd exit off 264 was not a mess until town center was built. And VB council's answer was to "wait and see". Kinda like DeSteph's "sit and smile" concept to city management. Yet tax-em-dorf drooled over the HRTA. Why? Not one HRTA project would help relieve congestion in the largest city in the area! How stupid! Congratulations to all the anti-tax zealots who uphold the Constitution.