Virginia Supreme Court approves intermodal facility for Montgomery County

The Virginia Supreme Court has ruled in favor of the state and Norfolk Southern, and against Montgomery County in the battle over the site of an intermodal facility in the Elliston area.

The justices found that the proposed facility does not violate the internal improvements clause, or the credit clause of the Virginia Constitution, and awarded summary judgement to the state and Norfolk Southern.

The facility is part of the "Heartland Corridor" project, and the state believes it will help move truck traffic off of Interstate 81, and onto rail at the site of the facility.

County leaders and a number of people who live in the area fear the facility would bring increased truck traffic to a rural area, cause a decline in nearby property values, violate zoning laws, and possibly cause an environmental hazard to the area.

On a legal basis, the County challenged the legality of the state having an interest in a privately owned and operated railroad terminal, and granting the state's credit to a private railroad company to develop the terminal (i.e. using taxpayer money to help build the facility).

However, Virginia's highest court ruled the money for the intermodal facility is consitutional, and the state has a legitiment interest in the project as part of highway construction.

Montgomery County Administrator Craig Meadows tells WSLS that he is disappointed with the ruling, but respects the court's decision.  Meadows added that he plans to talk with the Board of Supervisors about the next steps in the near future.

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Updated 4:15 p.m.

Gov. Bob McDonnell statement on Intermodal ruling:

Today, the Supreme Court of Virginia affirmed that the Virginia Department of Rail and Public Transportation had not violated the Constitution of Virginia in its funding of a truck to rail intermodal facility slated to be located in Montgomery County, Virginia. Known as the Roanoke Intermodal facility, the intermodal terminal is positioned adjacent to Interstate I-81 and along Norfolk Southern Railway’s east-west Heartland Corridor and north-south Crescent Corridor.

In an attempt to block the development of the intermodal facility, Montgomery County began a legal journey in a lower court in May 2008, claiming that the Rail Enhancement Fund statute through which the Commonwealth became involved in the development of the intermodal facility violated the internal improvement clause and the credit clause of Article X, Section 10 of the Constitution of Virginia.  After losing in a lower court, Montgomery County appealed its case to the Supreme Court of Virginia.

“The Supreme Court’s affirmation today will allow this important transportation link to advance and provide the Roanoke and New River Valley regions a gateway to the global economy.  The Roanoke facility location will provide two benefits to Virginia:  an economic benefit to the region through the Heartland Corridor’s connections to Port of Virginia and the in rail delivery of containers without the necessity of having long haul trucks travel across Virginia’s congested highway systems,” said Governor McDonnell.

Norfolk Southern Railway joined the Commonwealth in defense of the facility development. Norfolk Southern’s Heartland Corridor begins at the ports of Virginia and runs to Chicago. The Roanoke Intermodal Terminal will be the only terminal along the Heartland Corridor in Virginia. Without this facility development, Virginia would lose economic opportunities and connectivity to the corridor as containers would pass through Virginia to terminals along the line planned at Pritchard, West Virginia and in service in Rickenbacker, Ohio.