George,

It sounds great on paper to ask the attorney general for an opinion, however when you remember that parkway supporters are largely in the county, and largely Republican, and parkway opponents are largely in the city and largely Democratic, and you keep in mind that our attorney general is plainly lacking in scruples when it comes to extreme partisan activities (which were the downfall of Mr. Matricardi and may yet be the downfall of the attorney general himself), asking the Attorney General's opinion on the "sleazement" issue can be seen for the cynical ploy that it really is.

I'm sure Kilgore doesn't give a hoot about the Meadowcreek Parkway, but that makes it all the easier for him to make his Republican friends in the county happy in advance of his run for Governor against Tim Kaine, by opining as they might wish. The' fine points' of it all needn't trouble him overly since his opinion is non-binding anyway. So he has very little to lose (that he hasn't already) by saying that it's legal to use an easement to convey parkland to VDOT. I don't give a hoot what Jerry Kilgore has to say about the legality of an easement. And I very much doubt that anyone else besides parkway boosters will either. If they want a second opinion that will be persuasive they will need to look elsewhere.

When you add on to this that Mr. Howard, a notable constitutional scholar who was intimately involved in the creation of our current constitution and to whom no taint of partisan scandal clings and (whose opinion is being passed over on the grounds that he lives in the area), has offered a clear view of the problems involved in the easement proposal, the renegade councillors' request takes on an even more self-serving cast.

But go read the constitution yourself: it could hardly be plainer than it is. It's in Article VII Local Government, Section 9 Sale of property and
granting of franchises by cities and towns.

Here's a link: http://legis.state.va.us/Laws/search/Constitution.htm#7S1.

You shouldn't need the Attorney General or Dick Howard either to understand this language. You owe to yourself to perform this part of your civic duty. Think of those poor Iraqis and what they'll have to go through to get a constitution. I bet they'll know the difference between a sale and an easement by the time they get through!

Mary MacNeil (electronic mail, January 18, 2003)