The State of Virginia's Public-Private Transportation Act has been a model public-private partnership (PPP) law in the United States. But as a recent court case shows, opponents of a PPP project in the United States can use litigation to stall or derail the project—even in Virginia and even post-closing. Based on this new case, a toll-based financing arrangement for a PPP project in Virginia may now be deemed a "tax" that would require legislative approval for the project, thus adding higher costs, transaction delays and uncertainty to an already time-consuming and expensive process.
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