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mission authorized by the General Assembly is preparing to make recommendations to the legislature on annexation of county land by both cities and towns. Some of these proposals, Mr. McCarthy told the board, would consider only the fiscal impacts on the localities. Since the county would still be able to tax real estate and personal property, and would lose only sales taxes and perhaps automobile registration fees, any fiscal impact would not be large, he said.
“My concern is that this way the county would have no recourse if the town annexed a large area to keep it from being developed,” he said. He recommended and the supervisors agreed that issues of land use management and public service provisions should be considered as well as fiscal impacts.
“Suppose another locality decided to form a town and get a charter and annex land,” Commomwealth Attorney Peter Luke suggested. “This could come up in another part of the county. ”
A third proposal had to do with “vesting” development rights. Mr. McCarthy explained that there was a rumor that developers were supporting a bill that would prohibit property from being down-zoned, or decreased in density. That owner would have a vested right to develop according to the zoning that prevailed when he bought the land. “That takes all the speculation out of speculating,” Mr. McCarthy said.
His recommendation, which the supervisors approved, would tie vested rights to the date of filing of a site plan or subdivision plat. Mr. Luke said Culpeper County was involved in suits because it felt there were no vested rights until the governing body acted on an application.
“If they do this (enact such legislation), at some point we might as
See AGENDA, p. 16
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