Suggestions for a 21st Century Virginia
(Still catching up on the blogging, here.) I note over at Virgina Virtucon this post with several suggestions on how Virginia can update its legal structure to address life in the 21st century. Good discussion going on there about the Dillon Rule, by the way. From Wikipedia:
In Municipal Corporations (1872), Dillon explained that in contrast to the powers of states, which are unlimited but for express restrictions under the state or federal constitution, municipalities only have the powers that are expressly granted to them. This formulation of the scope of municipal power came to be known as the “Dillon Rule,” which states that municipal governments only have the powers that are expressly granted to them by the state legislature, those that are necessarily implied from that grant of power, and those that are essential and indispensable to the municipality’s existence and functioning. Any ambiguities in the legislative grant of power should be resolved against the municipality so that its powers are narrowly construed. However, when the state has not specifically directed the method by which the municipality may implement its granted power, the municipality has the discretion to choose the method so long as its choice is reasonable.
There have been many references to the Dillon Rule over the past couple of years, both good and bad. The Dillon Rule, for instance, is said to prevent situations in Virginia similar to that caused by New London, CT’s decision to exercise eminent domain powers against homeowners for the purposes of granting land to people who will (supposedly) build stuff that will generate better tax revenue. (That’s the Kelo decision.) However, it also means that local governments such as the Loudoun County Board of Supervisors lack the power to tie land use to mandated proffers and the like. (You can see this issue in play in the current Chairman York versus Virginia House Republicans row over here at Too Conservative.)
I’d like to say that a well-reasoned debate over the matter is called for – and it is – but I’ve got little faith that such a debate will actually happen outside some of the area blogs. One can always hope, I suppose.
