8.01-653.1 - Mandamus to secure construction of act granting power to incur certain obligations for transportation needs.
§ 8.01-653.1. Mandamus to secure construction of act granting power to incurcertain obligations for transportation needs.
Whenever the Comptroller notifies the Attorney General in writing that heentertains doubt respecting the constitutionality of any act of the GeneralAssembly granting an agency of the Commonwealth or other governmental boardor entity of the Commonwealth general powers to incur obligations fortransportation needs where such obligations are subject to authorization bythe General Assembly, the Attorney General shall file in the Supreme Court apetition for a writ of mandamus directing or requiring the Comptroller to paythe money as provided by any such act at such time in the future as may beproper. In order to expedite long-term planning by such an agency of theCommonwealth or other governmental board or entity of the Commonwealth andexpedite its advice to the Governor and the General Assembly on possiblealternative means of financing Virginia's transportation needs, the petitionmay be filed after the enactment date of any such act, although (i) theGeneral Assembly may not have enacted legislation specifically authorizingsuch an agency of the Commonwealth or other governmental board or entity ofthe Commonwealth to enter into specific obligations under its generalauthority or (ii) if such specific obligations have been authorized, the timefor making payments has not arrived and no demand for payment has been made.The court shall consider and determine all questions raised by the AttorneyGeneral's petition pertaining to the constitutionality or interpretation ofany such act, even though some of the questions may not be necessary to thedecision regarding the duty of the Comptroller to make payment of the moneysappropriated or directed to be paid.
The Comptroller shall be made a party defendant to the petition. The courtmay, in its discretion, cause other officers or persons to be made partiesdefendant as it may deem proper, and may make such order respecting theemployment of an attorney or attorneys for any officer of the Commonwealthwho is a party defendant as may be appropriate. The compensation of anyattorney so employed shall be fixed by the court and upon its order paid outof the appropriation to the office or department of the public officerrepresented by the attorney in the proceeding.
(1986, Sp. Sess., cc. 14, 16.)