The Supreme Court has agreed to hear a simmering dispute over when Virginia localities have to delay their collection of cash proffers from developers.
Some fast-growing communities require builders to make cash payments in exchange for approval of their building plans. The payments are designed to cover the impact of development on local government services. The fees can range up to $50,000 per unit.
The 2010 General Assembly offered a break for builders – a temporary ban on early collection of proffers – but local governments argued it could not be applied retroactively.
Attorney General Ken Cuccinelli issued an official opinion later in 2010, saying the statute should reach back to include development plans already approved by local governments.
This month, the Supreme Court agreed to consider the issue by granting a writ in a James City County case where Circuit Judge Robert Curran ruled the statute applied retroactively.
County lawyers said Curran ruled for the builder without evidence to rebut the “long-standing presumption against retroactive laws.”
