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Constitutional Use of Toll Revenue the Subject of Recent Federal Court Decision
Lexology ^ | September 8, 2016 | Nossaman LLP - Fredric W. Kessler and Shant Boyajian

Posted on 09/10/2016 8:01:28 PM PDT by Tolerance Sucks Rocks

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1 posted on 09/10/2016 8:01:29 PM PDT by Tolerance Sucks Rocks
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To: Tolerance Sucks Rocks

Taxation is theft.


2 posted on 09/10/2016 8:06:39 PM PDT by Paladin2 (auto spelchk? BWAhaha2haaa.....I aint't likely fixin' nuttin'. Blame it on the Bossa Nova...)
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To: Paladin2

If so America has been stealing since day one.


3 posted on 09/10/2016 8:08:12 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Tolerance Sucks Rocks
However, she distinguished the situation in the instant case from another federal decision relating to the use of highway toll revenue for public transit, which found that such use was permissible because transit alleviated congestion on the facilities that were being tolled, creating a "functional relationship" that conveyed a benefit to those paying the toll.

This is an interesting bit of logic, but I'm not sure the judge considered a reasonable extension of it:

Couldn't the toll itself be considered a congestion alleviation measure? That's pretty much what has happened at the bridge and tunnel crossing of the Port Authority of NY and NJ, where traffic volumes declined noticeably after their last round of toll hikes.

4 posted on 09/10/2016 8:08:41 PM PDT by Alberta's Child ("Sometimes I feel like I've been tied to the whipping post.")
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I will support toll roads the day if they have tax free gas stations on them and can prove that they get no money from the government for maintenance


5 posted on 09/10/2016 8:09:46 PM PDT by dsrtsage (One half of all people have below average IQ. In the US the number is 54%)
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To: HiTech RedNeck

This is a prime example of how monies initially mandated for ONE purpose blends into the general funds....meanwhile the cost of all goods transported gets higher to “we” the consumer through no abberation except for filling the ever growing public tax trough’s...that pigs feed from and align their government contracts to after deciding who “kicked” back the most.


6 posted on 09/10/2016 8:12:47 PM PDT by mythenjoseph (Separation of powers)
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To: dsrtsage
That's sort of how the trucking industry works. Trucking firms are taxed by state, based on the miles they've driven in that state. This makes sense, because your typical 18-wheeler has enough fuel capacity to drive through multiple states without fueling up.

When a trucking company reports its mileage to each state where it operates, it gets a tax credit for the tolls it pays in any state with a toll road.

7 posted on 09/10/2016 8:12:49 PM PDT by Alberta's Child ("Sometimes I feel like I've been tied to the whipping post.")
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To: Tolerance Sucks Rocks

They do the same thing with gasoline taxes, tacking on all their little pet projects.


8 posted on 09/10/2016 8:13:49 PM PDT by E. Pluribus Unum (If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: HiTech RedNeck

I think it could be said that those roads, and the maintenance on them, was appropriate for the time.


9 posted on 09/10/2016 8:22:53 PM PDT by ConservativeMind ("Humane" = "Don't pen up pets or eat meat, but allow infanticides, abortion, and euthanasia.")
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To: Alberta's Child

A rig that carries 200 gallons of diesel can do an average of 1600 miles depending on what you’re hauling....also most rigs are (who long haul)are chipped...I think they are taxed for another form of transport that is competing against them as opposed to a subway/train that makes their way less congested in order to generate a dollar or two


10 posted on 09/10/2016 8:24:00 PM PDT by mythenjoseph (Separation of powers)
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To: mythenjoseph

The Erie Canal barge system doesn’t really compete against the trucking industry. From what I understand, the canal system is used almost exclusively for recreational travel.


11 posted on 09/10/2016 8:26:52 PM PDT by Alberta's Child ("Sometimes I feel like I've been tied to the whipping post.")
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To: ConservativeMind

The problem with “toll roads” is that they are “never” paid off. I wonder what they do with the tolls they collect on roads that have long ago been paid off.


12 posted on 09/10/2016 8:29:21 PM PDT by jsanders2001
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To: jsanders2001

The tolls are leveraged ten-to-one for the issuance of revenue bonds dedicated to maintenance of the toll road or to new projects. Many toll authorities are authorized to exist in perpetuity and are not required to shut down when the bonds are paid off.


13 posted on 09/10/2016 8:32:31 PM PDT by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: jsanders2001
The problem with “toll roads” is that they are “never” paid off. I wonder what they do with the tolls they collect on roads that have long ago been paid off.

Yep. The moment the Ohio Turnpike (the only toll road here, fortunately) was paid off, the turnpike commission went through several backflips to prove that they were allowed to keep collecting tolls for maintenance and long term improvements.

14 posted on 09/10/2016 8:37:12 PM PDT by KarlInOhio (If Muammar Gaddafi had donated to the Clinton Foundation he would still be alive and in power today.)
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To: HiTech RedNeck
< If so America has been stealing since day one.

And they were pissed just having to pay taxes on tea. I wonder what they'd think about all the ways the government conceals taxes , especially in Obama 's new socialist order.

15 posted on 09/10/2016 8:38:21 PM PDT by jsanders2001
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To: KarlInOhio

“Yep. The moment the Ohio Turnpike (the only toll road here, fortunately) was paid off, the turnpike commission went through several backflips to prove that they were allowed to keep collecting tolls for maintenance and long term improvements. “
Both the San Francisco Bay Bridge and the Golden Gate Bridge were paid off decades ago with a $.25 toll. Now they are five or six bucks depending on when you use them, and they add $10.00 per axle so you have a trailer or an 18-wheeler the number gets big quickly. But the mfing bike lanes and money loosing bus services have their hands in the till forcing the auto commuter to pay for the “free rides” that those users get.


16 posted on 09/10/2016 8:50:26 PM PDT by vette6387
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To: Tolerance Sucks Rocks

I have been fighting these god forsaken tolls for 21 years


17 posted on 09/10/2016 9:01:46 PM PDT by The Mayor (Honesty means never having to look over your shoulder.)
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To: Paladin2

this isn’t taxation it’s a charge to use a road. Why can’t the NYSTA charge whatever they want ?

what if the Highway was privatized ? could a fully privatized highway be able to charge any rate it deemed fit ?


18 posted on 09/10/2016 9:06:16 PM PDT by vooch
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To: vooch

If the money goes to the gov’t it’s a tax. Use tax in this case.


19 posted on 09/10/2016 9:23:34 PM PDT by Paladin2 (auto spelchk? BWAhaha2haaa.....I aint't likely fixin' nuttin'. Blame it on the Bossa Nova...)
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To: Tolerance Sucks Rocks

Maryland and Delaware can go to hell.


20 posted on 09/10/2016 11:42:05 PM PDT by Ray76 (Americanism, not globalism, will be our credo!)
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