Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Virginia, with full citations and the original source on every page.
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Can a Virginia county let a private bank, instead of the county itself, run the billing and lien enforcement for a PACE clean-energy loan?
Yes. The Virginia AG concluded that under § 15.2-958.3, a locality is not required to do the billing and collection itself; it may contract with a third-party administrator or with the private capital…
What legal options exist when Virginia public school buildings are too run-down to give students a good education?
The Virginia AG concluded that federal civil rights laws (Equal Protection, Title VI, the Equal Educational Opportunities Act, and Title IX) can address school inequalities only when they result from …
When is a Virginia waterfront facility exempt from VMRC bottomland-use royalties, and does a watercraft dealer license or oyster offloading qualify?
The Virginia Marine Resources Commission has authority to make reasonable, fact-based determinations about whether a facility qualifies as a 'commercial facility' under Code § 28.2-1206(B) and therefo…
Can employees of JAUNT (a transit corporation whose stock is owned by Virginia cities and counties) participate in Virginia's local health benefits program?
No. Employees of a public service corporation organized under Title 13.1 of the Code of Virginia and owned by local government entities (such as JAUNT, Inc.) are not eligible to participate in Virgini…
Can a Virginia court give credit toward fines and costs for community service work performed while a defendant is in a state prison, detention center, or diversion center?
No. Va. Code § 19.2-354(C) authorizes community-service credit only for work performed 'before or after imprisonment,' not during incarceration. The Supreme Court of Virginia has held that participati…
Can a Virginia trial court hold off on entering a conviction and dismiss a criminal case later if the defendant fulfills conditions, even without a specific statute authorizing it?
Yes. A Virginia trial court has inherent authority, recognized by the Supreme Court of Virginia in Moreau, Hernandez, and Starrs, to defer disposition and continue a criminal case (so long as no judgm…
Can a Virginia city avoid its constitutional debt limit by financing a new school through a lease that depends on annual appropriations?
Yes, under the structure the AG reviewed. As long as the city makes no binding commitment to pay or to put up its full faith and credit, an appropriation-dependent school lease does not count as 'debt…
Can a Virginia landowner change the approved use of a cash proffer accepted before 2016 without going back to the governing body, and does an amendment require a public hearing?
Once a local governing body accepts a cash proffer, it becomes part of the zoning ordinance and binds both the locality and the landowner. Unless the locality approves an alternative use under Code § …
Can a Virginia political party run a raffle as a fundraiser under the charitable-gaming exemption?
No. A political party may not conduct a raffle as charitable gaming in Virginia. Code § 18.2-340.33 limits the proceeds of authorized raffles to 'religious, charitable, community or educational purpos…
Does Virginia's monument protection statute apply when a county adds a new Emancipation Proclamation monument to a park that already holds a Confederate monument?
Based on the facts presented, placing a stone monument commemorating the Emancipation Proclamation in Fluvanna County's Civil War Park would not implicate Va. Code § 15.2-1812, because the park itself…
Can the City of Alexandria, which is grandfathered to tax real estate rentals, adjust its BPOL tax rate on those rentals up or down?
Yes. The City of Alexandria, which is grandfathered under Code § 58.1-3703(C)(7) to impose BPOL taxes on real estate rentals, may adjust the tax rate up or down (or eliminate it) by affirmative vote o…
Does Virginia's war monument statute block demolition of an old high school building that was originally dedicated as a memorial to World War I veterans?
No. The Dickenson County Board of Supervisors would not violate Va. Code § 15.2-1812 by authorizing the demolition of the Dickenson Memorial High School building. The statute operates prospectively, d…
Can a Virginia locality direct Four-for-Life EMS funds to its own fire department instead of a private emergency crew?
Yes. A locality may direct Four-for-Life funds under Code § 46.2-694(A)(13)(e) to its fire department if the department meets the regulatory definition of an 'emergency medical services agency' in 12 …
Can a Virginia Commonwealth's Attorney revert his office to part-time status after a predecessor elected full-time status?
No. Once a part-time Commonwealth's Attorney elects full-time status under Code § 15.2-1629 with Compensation Board consent, the election is binding on the office, and successors cannot revert to part…
Can a Virginia school board arm teachers by getting them appointed as special conservators of the peace?
No. The Virginia Department of Criminal Justice Services (DCJS) cannot lawfully issue a temporary or valid registration to teachers or other school personnel seeking appointment as armed special conse…
What notice and participation rights do neighbors have when a property owner appeals a zoning administrator's decision to the local Board of Zoning Appeals?
When a BZA hears an appeal from a zoning administrator's determination, it must (1) publish public notice and give written notice of the hearing to adjacent property owners under Va. Code § 15.2-2204;…
When the 72-hour mental health detention clock under Virginia Code § 37.2-809 runs out, what counts as the 'court' being closed, and who is responsible for tracking the deadline?
For purposes of Virginia's 72-hour temporary detention order limit, 'court' means the general district court (not a special justice). If the general district court is open for any part of the day the …
Can a Virginia county supervisor also work as executive director of a public service authority whose members are appointed by the board of supervisors?
Yes, the State and Local Government Conflict of Interests Act does not prohibit a county supervisor from also serving as executive director of a public service authority. But the dual role creates con…
Do Virginia community services boards and behavioral health authorities pay state and local utility consumption taxes on electricity and natural gas?
No. As divisions or agencies of local government for purposes of Code §§ 58.1-2900 and 58.1-2904, community services boards and behavioral health authorities are exempt from both the state and local p…
Does Virginia's felony concealment-of-a-dead-body statute apply to the remains of a fetus that died in utero?
No. The words 'a dead body' in Va. Code § 18.2-323.02, the felony statute punishing malicious concealment of a dead body, do not include the remains of a human fetus that expired in utero. Other Code …
Can the Virginia General Assembly ratify the Equal Rights Amendment after the ratification deadline has passed?
Yes. The lapse of the ERA's original 1979 ratification period and the extended 1982 deadline does not disempower the Virginia General Assembly from passing a ratifying resolution. Congress has substan…
Can the Fairfax County Park Authority ban drone takeoffs and landings in its parks despite a Virginia statute preempting locality regulation of private drones?
Yes. Although Code § 15.2-926.3 prevents 'localities' (counties, cities, towns) from regulating private drones, the Fairfax County Park Authority is a separate body politic and corporate, not a locali…
After Trinity Lutheran, can Virginia localities give grants or contributions to churches and church-affiliated charities, and can a locality be sued for refusing to?
Code § 15.2-953 generally still prohibits Virginia localities from contributing funds, gifts, or donations to charitable institutions controlled in whole or in part by any church or sectarian society,…
Can a Virginia county and town ban motorboats on private lakes used as their public drinking water supply, and impose penalties for violations?
Yes. Both Pittsylvania County and the Town of Chatham have police-power authority to prohibit the use of internal-combustion-engine watercraft on Cherrystone and Roaring Fork Lakes because the lakes s…
Does Virginia's Scenic Rivers Act stop a landowner from damming tributaries of a scenic river, or from grading or timbering land that drains into one?
No. The Virginia Scenic Rivers Act restricts dams and other obstructions only on the designated river or section, not its tributaries (unless the tributary itself is designated). The Act also does not…
Are extra meals at a Virginia independent-living facility taxable under local meals tax when residents pay for them separately on top of a monthly fee?
No. Under Code § 58.1-3833, all meals served at an age-restricted apartment complex or residence with a restaurant where meals are included in rental fees are exempt from local meals tax. The exemptio…
Does the VCU Health System Authority have absolute sovereign immunity from lawsuits, and is liability capped at $100,000 for employee negligence?
Likely absolute immunity. The AG concluded that the Supreme Court of Virginia would probably hold the VCU Health System Authority is a State agency or arm of the Commonwealth for sovereign immunity pu…
Can a Virginia sheriff assign a deputy to provide full-time security at a community services board facility that serves students from local public schools?
Yes. A Virginia sheriff has authority to assign a deputy to provide full-time security at a community services board facility that serves public school students, because protecting public facilities i…
Does Virginia's International Trade Corporation legally exist, and can the Governor appoint its board even though it has no funding?
Yes, but no practical point. The AG concluded that the Virginia International Trade Corporation has had legal existence since December 1, 2016 and the Governor has statutory authority to appoint its B…
Are towns inside a Virginia county required to be parties to a revenue-sharing agreement between the county and an adjacent city?
No. The AG concluded that for a growth-sharing agreement between a city and an adjacent county under § 15.2-1301, towns inside the county are not 'affected localities' (and not necessary parties) when…
What rules limit a Virginia locality's authority to remove or relocate a war or veterans monument on its property?
A Virginia locality considering removal or relocation of a war or veterans monument must work through three layers: Code § 15.2-1812 (which only applies prospectively to monuments erected after the re…
Are Virginia's statutes and constitutional ban on same-sex marriage still on the books after Obergefell, and can the Code Commission recommend removing them as obsolete?
Virginia's statutory prohibitions on same-sex marriage in Code §§ 20-45.2 and 20-45.3 are obsolete within the meaning of Code § 30-151 because they have been held unconstitutional and lack any legal f…
Does Virginia's three-fourths-vote rule for selling city property apply when a city grants the state a permanent easement to build a public monument?
No. The supermajority-vote rule and competitive-bid rule in Article VII, Section 9 of the Virginia Constitution and Code § 15.2-2100 did not apply when Richmond proposed to grant the Commonwealth a pe…
Can a 100%-disabled Virginia veteran or surviving spouse claim the disabled-veteran property tax exemption back to 2011, beyond the usual three-year correction window?
Yes. The AG concluded that a disabled veteran or surviving spouse who has filed the required affidavit under § 58.1-3219.5 is entitled to the property tax exemption back to the date of disability rati…
Does a Virginia retailer break the law if a cigarette manufacturer prints a sweepstakes notice on its packs and the only place a customer can learn of the sweepstakes in the store is on the pack itself?
No. Code § 18.2-242 targets retail establishments that use games of chance to promote sales of products subject to federal and state excise taxes. A retailer that simply sells cigarettes whose packagi…
Could the Peninsula Airport Commission legally guarantee a private bank loan to People Express Airlines using public airport funds?
No. The Peninsula Airport Commission's guarantee of a $5 million bank loan to People Express Airlines was an extension of public credit covered by the Credit Clause in Article X, Section 10 of the Vir…
Does Virginia's State Air Pollution Control Board have authority to regulate greenhouse gas emissions and set a statewide cap on power-plant carbon?
Yes. The AG concluded that the State Air Pollution Control Board has legal authority under §§ 10.1-1306, 10.1-1307, and 10.1-1308 to regulate greenhouse gas emissions, including establishing a statewi…
Can a Virginia city require pre-ADA commercial buildings to retrofit their doors with manual entry hardware for disability access?
No. The AG concluded a Virginia locality lacks authority to enact an ordinance requiring retrofitting of commercial buildings with manual entry door hardware where the buildings were constructed befor…
Does a Virginia sheriff or regional jail have to pay the outside hospital bill when an inmate is treated for a medical condition that existed before they came into custody?
No (for payment), yes (for ensuring care). The AG concluded that § 53.1-126 exempts sheriffs, regional jails, and localities from paying outside healthcare providers for treatment of an inmate's pre-e…
How long does Virginia have to collect unpaid criminal fines, court costs, and restitution from someone in prison?
The AG concluded that the limitations period for civil enforcement of circuit-court fines and costs is 20 years from the date of offense or delinquency, not tolled by incarceration. Civil enforcement …
Can a Virginia juvenile court order a local sheriff or police officer to transport a violent juvenile to a treatment facility in another state, and does the officer keep arrest authority on the trip?
Yes. The AG concluded that § 16.1-254 of the Code of Virginia let the chief judge of a juvenile and domestic relations district court designate local law enforcement (not state police) to transport vi…
Can a Virginia city avoid competitive bidding for Children's Services Act therapy contracts by buying services one child at a time instead of in bulk?
Sometimes. The AG concluded that § 2.2-4345(A)(14) of the VPPA exempts certain CSA personal services from formal competitive sealed bidding or negotiation when the services are for direct use by an in…
Can Augusta County build a new courthouse next door to the current one in Staunton without a new voter referendum, after the 2016 relocation vote failed?
No. The AG concluded that under § 15.2-1644 Augusta County may not build a new courthouse on land contiguous to the current Staunton location without voter approval, because the contiguous-property ex…
When the Virginia Port Authority takes title to terminal assets under an installment-sale contract, do local property taxes still apply?
No local property tax. The AG concluded that assets transferred to the Virginia Port Authority under an installment-sale contract are owned by the Authority for taxation purposes and are exempt from l…
What happens to the money in a Virginia jail's inmate trust account when former inmates can't be located after release?
Send the funds to the State Treasurer. The AG concluded that under § 55-210.9, intangible property held by a governmental entity becomes presumed abandoned one year after it became payable to the owne…
Would NOAA's proposed Mallows Bay-Potomac River National Marine Sanctuary take fishing-regulation power away from Virginia and Maryland's joint Potomac River Fisheries Commission?
No. The AG concluded NOAA has authority under the National Marine Sanctuaries Act to regulate fishing within marine sanctuaries, but is not proposing to do so for the Mallows Bay-Potomac River Sanctua…
Does a private seller owe Virginia grantor's tax when conveying property to VDOT for a highway project?
No. The AG concluded that when VDOT purchases real property from a private seller for a highway project, § 58.1-811(C)(5) exempts the conveyance from grantor's tax because the Commonwealth is required…
Would Virginia's proposed 20-week abortion ban (the Pain-Capable Unborn Child Protection Act) survive constitutional review under Roe and Casey?
The AG concluded that HB 1473 (the Pain-Capable Unborn Child Protection Act) would not withstand constitutional scrutiny. The bill imposed a flat 20-week abortion prohibition that operated before feta…
Can a Virginia county treasurer invest public funds in asset-backed securities that are also guaranteed by a federal agency?
Yes for the federally guaranteed kind. The AG concluded that political subdivisions like Arlington County may invest under § 2.2-4501(A)(2) in securities unconditionally guaranteed by the United State…
Can a Virginia homeowners association enforce a covenant that limits homes to residential use only, with a narrow exception for home offices?
Yes. The AG concluded that a restrictive covenant in a Virginia POA declaration limiting use of lots in a residential area to residential purposes is enforceable, subject to the covenant's own excepti…
Can a Virginia public employer choose not to revoke VRS pension benefits after an employee's job-related felony conviction?
No. The AG concluded that § 51.1-124.13 of the Code of Virginia gave employers no discretion to decide whether to seek VRS benefit forfeiture once a felony conviction was finally determined to arise f…
Can a Virginia commissioner of the revenue compel a public utility to disclose contractor information for business-license tax purposes?
Yes. The AG concluded that public utilities are not exempt from a Virginia commissioner of the revenue's authority under § 58.1-3109(6) to require information about contractors that may be subject to …
Can a Virginia sheriff ban guns in every part of a courthouse, including the constitutional officer offices and county admin offices on other floors?
Yes. The AG concluded that the Fauquier County Sheriff may implement a security plan prohibiting weapons in all parts of the Fauquier County Courthouse, including areas occupied by constitutional offi…
When a Virginia school board member is called to active military duty, does the board or the deployed member decide whether to appoint a temporary replacement?
The school board, not the member. The AG concluded that when a local school board member notified the board of his upcoming military deployment, § 2.2-2802 gave the board sole authority to designate a…
If a federal agency is listed as a grantor 'for indexing only' on a foreclosure trustee's deed, is the deed exempt from Virginia grantor's tax?
No. The grantor's-tax exemption in § 58.1-811(C)(4) applies only when a government entity actually conveys real estate. In a foreclosure trustee's deed, the trustee conveys; a creditor listed 'for ind…
Can a Virginia county adopt an enterprise zone tax-reduction program for a zone in a town that used to be an independent city?
Yes. The AG concluded that § 58.1-3245.8(A) expressly empowered Bedford County to adopt an enterprise zone development taxation program for the zone in the Town of Bedford. The town's earlier status a…
Does VDOT have to repair a historic brick retaining wall along U.S. Route 50, and if it does, must it follow federal historic-preservation standards?
The AG concluded VDOT has sole administrative discretion over whether to repair and maintain a historic brick retaining wall within its right-of-way along U.S. Route 50 in Aldie. If VDOT chose to do t…
Can a Virginia jail inmate be criminally charged with indecent exposure or obscene sexual display for acts committed inside the jail?
Yes, in some circumstances. The AG concluded that a jail may be a 'public place' for purposes of §§ 18.2-387 and 18.2-387.1 when the conduct occurs in an area or under circumstances where the inmate h…
Must a Virginia local electoral board post draft minutes online, or only finalized minutes?
Both. The AG concluded that § 24.2-107, as amended by 2016 Senate Bill 89, requires local electoral boards to post on an official website both draft and final minutes. The cross-reference to § 2.2-370…
Can Virginia voters take photos or selfies of themselves with their ballot inside a polling place, and can they use phones to get voting help from someone outside?
Mostly yes for self-photography, no for outside assistance. The AG concluded that recent State Board of Elections regulations permitting voters to use cameras and recording devices in polling places d…
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Attorney general opinions in Virginia are written by the Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.