Unelected body granted power to tax

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An Arlington judge yesterday ruled that starting in January an unelected regional body can levy on Northern Virginia residents a slew of new taxes and fees to pay for local transportation upgrades.

The ruling by Circuit Court Judge Benjamin N.A. Kendrick would allow the Northern Virginia Transportation Authority, composed of 14 voting members, to raise about $300 million a year through higher taxes on home sales, car safety inspections and auto repairs to fund regional road and rail projects.

"Northern Virginia Transportation Authority is an independent political subdivision similar to other entities such as water and sewer authorities, sanitary districts, and industrial development authorities," Judge Kendrick said. "It is not a local government with an elected governing body."

The court battle is the latest sign of contempt for the multibillion-dollar transportation package the Republican-controlled General Assembly passed earlier this year.

The public outcry over the new "abuser fees," ranging from $750 for driving on a suspended license to $3,000 for a driving-related felony, has led Republican leaders to say they plan to refund some of the charges when they return to Richmond in January.

Opponents said the outrage over the new regional taxes will mushroom once residents realize the amount of new levies and fees they will have to pay.

Richmond lawyer Patrick McSweeney, who is representing a coalition of anti-tax advocates, said he plans to file an appeal to the ruling in the Supreme Court of Virginia.

A final judgment will determine whether residents of Northern Virginia will face new taxes and fees. The taxes and fees are:

n Grantor's tax — 40 cents per $100 of value when residential property is sold.

n Motor-vehicle rental tax — 2 percent of rental rate.