Hampton Roads Transportation Authority - Dissension, Court Rulings, and Delays

Dissension, Court Rulings, and Delays

During the 2008 session of the Virginia General Assembly, there were efforts sponsored by legislators from the area to include improvements to the Hampton Roads Bridge-Tunnel, a major issue for localities on the Virginia Peninsula, many of whose residents have complained that the proposed projects shortchange their area. Also, Del. Tom Gear sponsored H.B. 829 to abolish the HRTA. None of those measures was passed, however.

While the Assembly was still in session, on February 29, 2008, the Virginia Supreme Court ruled that portions of the 2007 transportation law were unconstitutional in response to a case filed by State Delegate Robert Marshall and seven other residents challenging the Northern Virginia Transportation Authority (NVTA). The court ruled that the General Assembly could not delegate its taxing powers to an unelected body. Since the HRTA is also not a directly elected body, the press reported that its funding sources as set forth at that time were also invalidated by the court ruling.

As of late March 2008, Hampton Roads area members of the General Assembly were communicating with local leaders on the Virginia Peninsula and in South Hampton Roads regarding developing solutions and requests for legislation for an upcoming special session of the state legislature planned to address the transportation funding crisis statewide, and also possibly address priorities and the additional funding needs of Northern Virginia and Hampton Roads.

There seemed to be a consensus that

1. some new funding dedicated to Hampton Roads projects was needed
2. improvements to the Hampton Roads Bridge-Tunnel, previously excluded, would need to be part of any package that would be acceptable to most or all communities in the HRTA district.