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He construes this “wide authority” as giving local governments the right - with no further enabling legislation from the General Assembly - to enact a local real estate transfer tax as long as the revenue is used solely for open space conservation. “Or maybe the tax could apply just on subdivided plats,” he told the legislators.
Cautious optimism marked the response of local officials to Mr. Van Auken’s interpretation.
“If it’s true, it’s certainly something local government should be informed about,” said Fauquier's planning director Richard McNear. “It could be a valuable tool in the tool box.” He noted that Fauquier’s comprehensive plan advocates a similar approach of taxing development to pay for conservation, in this case taking revenue from roll-back taxes (charged against property receiving use value taxation when the land is developed to a non-qualifying use
90.6%