In his campaign, Virginia Governor Bob McDonnell proposed privatization of the state-owned ABC (liquor) stores as one way to raise revenue without raising taxes.  It is important to remember that taking a use that is now public and making it private has repercusions under local land use law and can have concerns for the citizens.

Transfers of Development Rights (TDRs) have long been seen by Virginia localities as a tool for good planning and to achieve the local future land use plan.  But for a long time, Virginia localities had no authority to permit TDRs.  See Opinion to the Honorable Robert T. Andrews, 1985-86 Va. A.G. op. 112 (Loudoun County [...]

For many years, localities were without authority to adopt a TDR ordinance.  The Attorney General made clear that while a TDR program might be constitutional, a statute would have to be adopted to authorize a locality to adopt a TDR ordinance.  Opinion to the Honorable Robert T. Andrews, 1985-86 Va. A.G. op. 112.  In 2006, such statutes [...]