                                 CODE OF VIRGINIA

MANDAMUS TO SECURE CONSTRUCTION OF ACT GRANTING POWER TO INCUR CERTAIN
OBLIGATIONS FOR TRANSPORTATION NEEDS (§ 8.01-653.1)

Whenever the Comptroller notifies the Attorney General in writing that he
entertains doubt respecting the constitutionality of any act of the General
Assembly granting an agency of the Commonwealth or other governmental board or
entity of the Commonwealth general powers to incur obligations for
transportation needs where such obligations are subject to authorization by the
General Assembly, the Attorney General shall file in the Supreme Court a
petition for a writ of mandamus directing or requiring the Comptroller to pay
the money as provided by any such act at such time in the future as may be
proper. In order to expedite long-term planning by such an agency of the
Commonwealth or other governmental board or entity of the Commonwealth and
expedite its advice to the Governor and the General Assembly on possible
alternative means of financing Virginia&#8217;s transportation needs, the
petition may be filed after the enactment date of any such act, although (i) the
General Assembly may not have enacted legislation specifically authorizing such
an agency of the Commonwealth or other governmental board or entity of the
Commonwealth to enter into specific obligations under its general authority or
(ii) if such specific obligations have been authorized, the time for making
payments has not arrived and no demand for payment has been made. The court
shall consider and determine all questions raised by the Attorney
General&#8217;s petition pertaining to the constitutionality or interpretation
of any such act, even though some of the questions may not be necessary to the
decision regarding the duty of the Comptroller to make payment of the moneys
appropriated or directed to be paid.
		The Comptroller shall be made a party defendant to the petition. The court
may, in its discretion, cause other officers or persons to be made parties
defendant as it may deem proper, and may make such order respecting the
employment of an attorney or attorneys for any officer of the Commonwealth who
is a party defendant as may be appropriate. The compensation of any attorney so
employed shall be fixed by the court and upon its order paid out of the
appropriation to the office or department of the public officer represented by
the attorney in the proceeding.

HISTORY: 1986, Sp. Sess., cc. 14, 16.