Transportation organization explores whether it can withdraw support for toll lanes

CHARLOTTE — As the Charlotte Regional Transportation Planning Organization studies whether the group has the authority to withdraw its support of the controversial I-77 south tolls project, one attorney studying the issue and not affiliated with the board says, “yes.”

In a letter to the CRTPO, Megan Kimball, the senior attorney for the Southern Environmental Law Center, said that “The CRTPO retains continuing authority to reconsider and withdraw its prior action unless a statute makes the action irrevocable or vested rights have attached.” And that hasn’t happened.

She told Channel 9’s Joe Bruno, “We are not at the point of no return.”

Kimball said CRTPO members can back out of the I-77 project still if they have the will to.

“When you’re talking about a $4 billion project that affects homes, businesses and neighborhoods, it’s reasonable to pause and make sure that the decision is fully informed,” Kimball said.

She also claims that issuing a Request for Qualifications and the wording of CRTPO’s October 2024 motion do not create vested rights.

After getting the memo, the head of the CRTPO told group members it’s attorney is still doing its own analysis. That’s at the push of Mecklenburg County Commissioner Leigh Altman.

“If we really lack authority, prove it, because I am dubious,” said Altman, who is a member of the CRTPO.

She made the request for the analysis last week and hopes the results will come fast.

Like the northern portion of the tolls, this project is controversial. If approved, the new express lanes will be elevated and will run from McCrorey Heights to the South Carolina state line.

The Charlotte City Council is set to discuss what options it has at its retreat next week, but no city or town can stop the project on its own. It will take an act of the CRTPO, if that is even possible.

Altman said a formal document to solicit bids could be issued in March.

“Important information came to light after authority was given that I think could have changed the outcome and that the board should understand its ability to revisit it,” Altman said.

The CRTPO made the request for the project. It is made up of representatives of all area cities and towns.

The North Carolina Department of Transportation did not directly comment on the CRTPO exploring its legal options but did said in a statement that the bid process is going to take at least a year-and-a-half, so there will be plenty of time to address community concerns and refine the design.

Full NCDOT statement:

“The procurement process will last at least a year-and-a-half, allowing time to continue to address community concerns, refine the design, minimize impacts and develop community enhancement plans.

“The I-77 South Express Lanes project is a joint effort between NCDOT and the region that requested it. CRTPO has reaffirmed the I-77 South Express lanes project as a regional priority multiple times since 2007, and NCDOT has closely coordinated with CRTPO since 2007 to assess and develop a plan for this project, including an extensive process for public feedback.”

VIDEO: Debate over I-77 toll lanes heats up at Charlotte City Council meeting