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and withdrawn from the preferential assessment program) and spending that money for open space conservation.
"I'd be very interested in the legal analysis that went into this conclusion,” said Loudoun’s county attorney Ed Finnegan. "I’m not aware of authority that enables a county to establish a new type of rer cordation tax.”
John McCarthy, administrative assistant to Rappahannock’s Board of Supervisors, agreed that the wording of the Open Space Land Act . appears to give local governments the power Mr. Van Auken says they have to enact a recordation tax with the proceeds going for open space conservation. “But I don’t think that was the General Assembly’s intent and if the Attorney General is asked for an opinion, I’m afraid she’ll say we can’t do it because the intent isn’t there,” he added, pointing out that Dillon’s Rule, the rule of strict construction under which Virginia operates, reserves for the state those powers that aren’t specifically granted to local government.
Specific authority for recordation tax proposed
At the work session which proceeded the public hearing, one in a series being held around the state this summer, legislators were told of open space preservation programs financed by transfer taxes in other states.
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