Lawyers: U.S. 95 toll lanes run afoul of constitution

State has spent $5 million on plan, but future is uncertain

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U.S. 95 cuts through the northwest Las Vegas Valley, with the 215 Beltway in the top of the image. State lawyers on Thursday said a plan to add toll lanes to the road could be unconstitutional.

By David McGrath Schwartz (contact)

Thursday, March 19, 2009 | 11:08 a.m.

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State lawyers raised the specter Thursday that plans to build toll lanes along U.S. 95 in Las Vegas are unconstitutional.

Legislative Counsel Bureau staff pointed out that the constitution requires that fees or other charges to use public highways must go to construction, maintenance or repair of public highways.

That realization seemed to stun lobbyists, lawmakers and Nevada Department of Transportation staff, who have been working on a bill that would allow the state's first toll demonstration project.

It's unclear if the constitutional problem will be a speed bump or a road block in those plans.

Nevada Department of Transportation Director Susan Martinovich said she believes legislation could be worded to allow toll roads and still comply with the constitution.

The current plan, called the "Pioneer Program," would convert the existing HOV lane on U.S. 95 and add an additional lane between Ann Road and the Las Vegas Beltway.

Martinovich testified that the state has spent about $5 million already on consultants and studies.

A public-private partnership board created by Gov. Jim Gibbons has been studying the toll road issue.

The state Senate's Energy, Infrastructure and Transportation Committee heard SB206, sponsored by Sen. John Lee, D-North Las Vegas, layed out general policies for toll roads.

Sen. Mike Schneider, D-Las Vegas, warned of the dangers of entering into public-private partnerships to pay for roads.

"If you get in bed with guys on Wall Street, they’re sharks," Schneider told Martinovich. "The don’t get involved unless they know they’re going to be pulling out hundreds of millions of dollars."

Lee said he would work with interested parties to amend the bill, and would bring it back to the committee.

Discussion: 6 comments so far…

By vc

3/19/09 at 1:42 p.m.

Suggest removal

The public needs to fight this all the way. No toll road money going to private parties. This should not be allowed anywhere especially Nevada!
By Harley

3/19/09 at 1:43 p.m.

Suggest removal

Toll Ways aught to be unconstitutional, they congest traffic, waste fuel, while being a safety hazard to motorists...and if you're stuck for hours, while needing to relieve yourself they create stinky messes!
By bob_cirelli

3/19/09 at 4:19 p.m.

Suggest removal

If they want to create a toll road, they should be required to build their own lane. The current HOV lane was paid for using our tax and federal dollars. No private corp should be allowed to take possession of the roadway for their own profit.
This must be stopped, and stopped N O W !!!!
By KillerB

3/19/09 at 5:07 p.m.

Suggest removal

Oh, this is just too good ... all that $$ destined to all those pockets and nobody bothered to first check if they were "allowed" to do it!

Note to ALL state officials/employees/parasites/predators (especially courts and police and prosecutors): first check the Constitution to be sure you're allowed to do what you're gonna do!
By cutthroat

3/20/09 at 10:44 a.m.

Suggest removal

Look at Illinois. Their toll roads were first implemented to provide construction funds as early as the 60's. But the roads ended up in such disrepair it was a joke! So then they let the toll roads be privatized, and they still don't have roadway quality, although tolls have increased steadily. Why would we want to begin this downward spiral?
By moving_on

3/23/09 at 7:47 a.m.

Suggest removal

Cutthroat, maybe YOU should look at Illinois -- seeing as how nearly everything you said is wrong.

Their toll roads were first implemented to pay for themselves (not to provide construction funds) in the 60's. They never ended up in disrepair, and were not a joke -- primarily because they had toll money to fund them. (Illinois' NON-toll roads are a joke.) Except for the Chicago Skyway, Illinois' tollroads are run by a state agency -- so, no they haven't been privatized. And Illinois Tollway tolls haven't been raised since 1983.

Uninformed people like yourself make comment boards all but useless. It's sad.

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