Here’s an idea I never would have expected to see coming from a Republican lawmaker: Lt. Governor Bill Bolling is backing legislation that would make it easier for citizens to appeal land use decisions they don’t like. In a recent e-mail, he writes:
Under current Virginia law, citizens can appeal an adverse land use decision by a local governing body to the Board of Zoning Appeals, and ultimately to the Circuit Court. However, if the citizen prevails in such appeals there is no mechanism for them to recover the costs they incur as a result of the appeal. Because these appeals can be very expensive, the lack of a cost recovery process serves as a deterrent to citizens in appealing adverse zoning decisions, even if those decisions adversely impact their private property rights.
To correct this, I will support legislation to enable citizens to recover the costs associated with such appeals from the local government if their decision is reversed by either the Board of Zoning Appeals or the court.