Controversial Amendment Sparks Legal Concerns Over I-77 Toll Lane Repayment
The debate over the Interstate 77 toll lanes continues to escalate as a proposed legislative amendment aims to enforce a $60 million repayment from Charlotte and other local governments. This move has been labeled as unlawful by an attorney representing the town of Matthews.
Republican State Senator Vickie Sawyer, representing Iredell County and north Mecklenburg, has drafted this amendment as a “stick” to encourage local governments to reconsider their rejection of the toll lanes. Last month, these local entities opted out of the project, prompting Sawyer to propose that they reimburse the North Carolina Department of Transportation for design expenses already incurred.
In a memo, Matthews Attorney Daniel Peterson criticized Sawyer’s proposal, stating it undermines due process and penalizes local governments for responding to their constituents. Peterson argued that “legislatures cannot retroactively punish legal conduct by declaring it illegal and punishing those who partook in the then-legal conduct.”
Peterson’s memo also highlighted the federal government’s stipulation that local governments must have a say in highway projects, a requirement seemingly disregarded by Sawyer’s amendment. The Charlotte Regional Transportation Planning Organization rejected the toll lanes following a narrow 6-5 vote by the Charlotte City Council to withdraw support.
Amid these developments, the city of Monroe in Union County is contemplating renewing its backing for the toll lanes. The Charlotte Regional Transportation Planning Organization is also slated to revisit the I-77 discussion in an upcoming meeting.
Despite opposing the I-77 toll lanes in north Mecklenburg, Sawyer’s amendment seeks to advance the toll lanes in south Mecklenburg. She has expressed disdain for the current toll system, describing it as “predatory” due to the involvement of Cintra, a foreign company overseeing the project.
Under Sawyer’s proposal, local governments that rejected the toll lanes would face financial repercussions, including a halt on road resurfacing funds and highway project financing until the repayment is made or the project is reinstated.
On her radio show, Sawyer emphasized the seriousness of her amendment, stating, “This has been vetted, supported and will be in the budget. So this is me being kind to the city of Charlotte and to those communities who did vote to rescind their vote. And I am communicating to you right now that this will happen. This is not a joke. You will lose this.”
Matthews Mayor John Higdon, who spearheaded the opposition at the CRTPO, expressed doubts about the legality of the draft amendment. He urged his fellow board members to ensure they have all relevant information before making any decisions.
As the legislative process unfolds, Sawyer’s amendment is yet to receive formal approval from the legislature.
