If the Northern Virginia Transportation Authority votes July 12 to impose new taxes and fees on the region’s residents, the authority will go to court the next day to settle

potential legal challenges to the move.

Authority members plan to file a legal action known as a “bond validation suit” in Circuit Court to resolve rumbling legal questions about the body’s power to levy taxes and fees to pay for road and mass-transit projects in traffic-clogged Northern Virginia.

The new taxes and fees are expected to raise $300 million annually, much of which will be used to pay off bonds sold to fund long-planned work.

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“We want to get these questions settled so we can move forward and relieve congestion,” said David Snyder, an authority member and Falls Church City Council member.

The suit will ask a Circuit Court judge to issue a legal opinion verifying the authority is allowed to impose the taxes, collect revenue and authorize projects. The action also gives opponents the chance to present their arguments to the judge.

The General Assembly gave the authority permission to carry out those duties in legislation passed this year, but some legislators and county supervisors argue that only state and county governments have such powers under the state constitution.

Attorney General Robert McDonnell, who helped negotiate this year’s funding legislation, has promised to “vigorously defend” any lawsuits against the authority.

One challenge to the NVTA’s power could come from Loudoun County, where the Board of Supervisors will meet today to consider filing a lawsuit. The board unanimously voted in May to consider the best way to question the NVTA taxing authority.

“My concern focuses on the constitutionality of putting this kind of power in the hands of an unelected body,” said Mick Staton, chairman of the board’s transportation committee.

The taxes the authority is considering would be levied on vehicle repairs (5 percent), rental cars (2 percent), hotel and motel rooms (2 percent), first-time vehicle registrations (1 percent) and property sales (40 cents per $100 of assessed value). A $10 increase to the cost of vehicle safety inspections and vehicle registrations is also part of the package.

jrogalsky@dcexaminer.com

dgenz@dcexaminer.com