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 Virginia's State Board of Elections define by regulation what 'valid' photo ID means under the voter ID statute?
Yes. The opinion concluded that Virginia's State Board of Elections (SBE) possesses regulatory authority to define the term 'valid' as used in § 24.2-643(B), which lists the acceptable photo identific…
Did the federal court ruling that legalized same-sex marriage in Virginia also make bigamy legal?
No. AG Herring concluded that Bostic v. Schaefer only required Virginia to extend monogamous marriage to same-sex couples, and Virginia's longstanding statutes criminalizing bigamy and voiding plural …
Can my Virginia locality require me to pay for an archaeological survey before I develop my property in a historic district?
Yes, with limits. The opinion concluded that Va. Code § 15.2-2306 allows a Virginia locality, as a condition of developing property in a designated area of known historical or archaeological significa…
If a magistrate issues an emergency protective order giving someone possession of a pet, can the JDR court enforce it by contempt if the other party takes the animal anyway?
Yes. The opinion concluded that a Virginia juvenile and domestic relations district court may use its inherent contempt powers, specifically indirect contempt initiated by a show cause summons, to enf…
When can a Virginia clerk waive estate filing requirements for a small estate, and what counts as enough proof?
The opinion concluded that under Va. Code § 64.2-1302, only a creditor seeking qualification as personal representative needs to have a claim exceeding the value of the estate in order to qualify for …
Can a Virginia city use its zoning ordinance to ban advertising signs on bicycles or bike trailers ridden on public streets?
No, not through zoning. The opinion concluded that the City of Virginia Beach does not have zoning authority to prohibit or regulate advertising signs on bicycles or bicycle trailers ridden on public …
When a Virginia constitutional officer dies or resigns and the highest-ranking deputy takes over until a special election, does the deputy have to live in the locality?
No. The opinion concluded that when the powers of a vacant Virginia constitutional office are assumed by the highest-ranking deputy under § 24.2-228.1(B), the deputy need not be a resident of the loca…
Can Arlington County put the proposed Columbia Pike streetcar on the ballot as a non-binding advisory referendum?
No. The opinion concluded that Arlington County does not have authority to conduct an advisory referendum regarding the proposed 7.4-mile streetcar system (Columbia Pike and Crystal City segments). Un…
Can a Virginia city refuse a building permit until the landowner dedicates land for street widening and rebuilds the drainage ditch?
Only when the need is generated by the proposed development. The opinion concluded that a Virginia local governing body may require dedication of land for street widening and construction of drainage …
Does Virginia's 2013 drone moratorium stop a sheriff from flying a single camera-equipped quad copter under a search warrant?
Yes. The opinion concluded that the 2013 General Assembly's Chapter 755 moratorium, which barred state and local law enforcement from using an 'unmanned aircraft system' before July 1, 2015, covered e…
Does Virginia's local meals tax exemption for nonprofit fundraisers apply when the nonprofit sells meals continuously, even if members-only or in competition with restaurants?
The opinion concluded that the Virginia local meals tax exemption in § 58.1-3840(A)(b) for meals sold by certain nonprofits 'as a fundraising activity' requires that the meals be sold by the qualifyin…
Can a Virginia general registrar hire part-time temporary help during a busy election season without waiting for the county board to approve and fund it?
Yes. The opinion concluded that § 24.2-112 of the Virginia Code authorizes a general registrar, in the registrar's discretion, to hire additional temporary, part-time employees when needed. The hiring…
Is it a felony to shoot Tannerite for fun on private property in Virginia?
No, not by itself. The opinion concluded that Tannerite (a binary explosive sold as a shot indicator for rifle practice) meets the statutory definition of 'explosive material' in Va. Code § 18.2-85, b…
Are Virginia campaign finance regulations exempt from the normal Administrative Process Act notice-and-comment process as part of 'the conduct of elections'?
No. The opinion concluded that regulations implementing the Campaign Finance Disclosure Act (Va. Code Ch. 9.3) and the related campaign-fundraising and political-advertisement chapters (Chs. 9.4 and 9…
Can Virginia voter registrars accept mailed registration forms signed with an electronic signature (e.g., a touchscreen finger swipe) gathered by a third-party voter registration group?
Neither required nor forbidden. The opinion concluded no statute requires general registrars to accept mailed voter registration applications signed by electronic means (cursor, finger, or stylus on a…
Does a hospital licensing inspector who finds out from a chart that a 14-year-old was pregnant have to report it as child abuse?
Only if the abuser is a parent or caretaker. The opinion concluded that a VDH licensing inspector who is a nurse and learns from a hospital chart that a 14-year-old received pregnancy-related services…
Under Virginia's 2014 Sunday hunting law, does the exception for landowner-permitted hunting apply when the land is owned by a corporation or LLC, and does it cover public land?
The word 'landowner' in the 2014 Sunday hunting exception (Chapter 482 of the 2014 Acts of Assembly, amending § 29.1-521) is not limited to natural persons. It includes corporations, LLCs, and other n…
Can a homeowners or property owners association in Virginia pull over drivers on its private streets and issue traffic citations?
No, not on its own. Under the opinion, a property owners' association may not use its own safety patrol to compel a vehicle to stop or to write citations for state or local traffic violations. The POA…
Can a county school board reroute a Superintendent into a part-time role to qualify her for a school early-retirement plan, and can the Board of Supervisors cut off future funding?
The opinion reached two conclusions. First, the former Powhatan County Superintendent of Schools was not legally eligible to participate in the Supplemental Retirement Program (SRP) by working part-ti…
Can a Virginia city council expel one of its own members under its city charter, or does the state court-removal statute take over?
Yes, and the court-removal statute is a separate, additional remedy, not a replacement. The opinion concluded that § 2-5 of the Petersburg City Charter, which authorizes the City Council to expel a me…
Can a Virginia town council expel one of its own members by a two-thirds vote under its town charter, and how does that count work?
Yes. The opinion concluded that the Haymarket Town Charter provision allowing the Town Council to expel a member by a two-thirds vote was a constitutional exercise of legislative power. The general-la…
If my business is inside a Virginia town, can both the town and the surrounding county each charge me business personal property tax?
Yes. The opinion concluded that a Virginia county and an incorporated town within that county may each separately assess tangible personal property taxes on business property located within both juris…
If I want to be a Virginia police officer but I pled guilty or no contest to a disqualifying misdemeanor and then had it dismissed or expunged, am I still barred?
Yes, you are disqualified, but the bar can be waived. The opinion concluded that § 15.2-1705 disqualifies a prospective law enforcement officer from service if the individual has been convicted of, or…
When a juvenile is sentenced as an adult under § 16.1-284 to local jail time, does the prisoner get standard good conduct credit?
Partial yes. The opinion concluded that a prisoner charged as a juvenile but sentenced under § 16.1-284 (when the offender was a juvenile at the time of the offense but had turned 18 by sentencing) is…
Can a small Virginia town (under 3,500 population) take over maintenance of its own streets that are part of the state highway system and get reimbursed by VDOT?
Yes, with limits. The opinion concluded that § 33.1-42 allows a town with population of 3,500 or less, with the consent of the Commissioner of Highways, to maintain those of its streets that are incor…
When a Virginia electoral board seat opens up mid-term, does the recommendation go to the political party of the new Governor or the prior Governor?
The new Governor's party. The opinion concluded that an appointment to fill the unexpired term of a Virginia local electoral board member must reflect political party representation based on the most …
If a Virginia school board member is already in office when her spouse is elected to the board of supervisors, does the anti-nepotism statute force her to resign?
No. The opinion concluded that § 22.1-30 applies to school board appointments made by a school board selection commission (not just those made by the local governing body), but the prohibition only ba…
When my manufacturer buys used equipment at a bankruptcy sale, do I report 'original cost' for Virginia machinery and tools tax based on what I paid, or what the original owner paid?
The original purchaser's cost, not what the current owner paid. The opinion concluded that 'original cost' as used in § 58.1-3503(A)(17) and 'original total capitalized cost' as used in § 58.1-3507(B)…
Can the Governor of Virginia simply refuse to enforce a law that was passed by the General Assembly and signed into law?
No, absent statutory or enactment-clause authority. The opinion concluded that the Governor of Virginia must enforce valid, duly enacted laws unless the power to delay or suspend enforcement is grante…
Can a Virginia Circuit Court Clerk refuse to perform a statutory duty because the Clerk thinks the statute is unconstitutional?
No. The opinion concluded that a Circuit Court Clerk has no authority to declare a statute unconstitutional or to refuse to perform a ministerial duty because the Clerk personally believes the statute…
Does a parent who leaves a child alone in a room with a registered sex offender, while staying in another room of the same house, commit a crime under Virginia law?
Not under § 16.1-228(6). The opinion concluded that a parent or caretaker who leaves a child alone in the same room with a registered sexually violent offender, but who remains within the same residen…
If a Virginia county supervisor takes a temporary out-of-district job for several years but plans to come back, does he automatically lose his seat?
Not automatically. The opinion concluded that a member of a county board of supervisors does not vacate his elected office solely by taking temporary employment that requires him to live outside his e…
Can a Virginia city or county refund years of over-paid real estate taxes administratively, going back more than three years?
No. Va. Code § 58.1-3990 lets localities adopt an administrative-refund procedure but caps refunds at three years from the last day of the tax year. The City of Suffolk had refunded nine years of doub…
Can a Virginia county create a countywide service district to raise tax money for its share of a regional jail's operating costs?
No. The opinion concluded that Prince Edward County could not create a county-wide service district under Va. Code §§ 15.2-2400 through 15.2-2413 just to raise revenue for its share of an existing reg…
Can a Virginia county collect attorney fees from a property owner who paid off delinquent taxes before the property went to judicial sale, if no court order set the fees?
No. The judicial-sale collection statutes (Va. Code §§ 58.1-3965 and 58.1-3974) only allow recovery of attorney's fees that are 'set by the court.' If the suit was dismissed without an order setting t…
If a Virginia county board of supervisors bypasses purchasing rules, can the board members themselves be charged with a misdemeanor under § 15.2-1239?
No. The opinion concluded that a county board of supervisors is the county's governing body, qualitatively distinct from a 'department' or 'agency' of the county government. Because the misdemeanor pe…
When Habitat for Humanity sells a house to a low-income family, does the buyer have to pay Virginia's recordation tax?
Neither party pays. Va. Code § 58.1-811(A)(14) exempts from the recordation tax any deed or lease where the grantor is a 501(c)(3) charity organized and operated primarily to acquire land and purchase…
Can a Virginia hunter give his deer tags to another licensed hunter to harvest game for him?
No. Virginia law does not authorize transferring hunting tags between licensed hunters, even for the benefit of a disabled hunter unable to field-dress game. No statute, regulation, or DGIF policy cre…
If my sibling is a partner at a law or consulting firm whose clients appear before the state commission I serve on, do I have to recuse from their matters under Virginia's conflict-of-interest act?
Generally no. The opinion concluded that members of the Virginia Tobacco Indemnification and Community Revitalization Commission could vote on transactions involving entities or organizations represen…
Could the Governor of Virginia order the Department of Taxation to let same-sex couples file joint state income tax returns?
Issued in January 2014, before Bostic v. Schaefer (4th Cir. 2014) and Obergefell v. Hodges (2015) struck down state bans on same-sex marriage. The opinion concluded that a Virginia Governor could not …
Did the U.S. Department of Labor's 2013 Technical Release force Virginia public sector health plans to cover same-sex spouses?
At the time of this opinion (Jan. 10, 2014, before Bostic v. Rainey and Obergefell), the AG declined to issue a full opinion because of pending litigation but offered the legal commentary that the DOL…
After Virginia's 2012 eminent domain amendment defined 'lost access,' can a landowner get just compensation when a road change reroutes traffic past the property?
The 2012 constitutional amendment and the related Code amendments (§§ 25.1-100, 25.1-230.1) defining 'lost access' as 'material impairment of direct access' did not overturn the prior Virginia Supreme…
Can a Virginia circuit court keep its 'order book' in an electronic case management system instead of paper?
Yes. Va. Code §§ 17.1-124 and 17.1-240, read together, expressly contemplate that order books may be created in or converted to electronic format. The Clerk just has to ensure the electronic recording…
Can the Governor of Virginia issue an executive order or guidance document that suspends a state regulation?
No. The opinion concluded that the Virginia Constitution prohibits the Governor from unilaterally suspending the operation of a validly adopted regulation that has the force of law. Three independent …
When a federal credit union takes title to Virginia real estate, does the clerk of court collect the grantee's recordation tax?
No. The opinion concluded that 12 U.S.C. § 1768, which exempts federal credit unions from all state taxation other than tax on their real or personal property, blocks Virginia from collecting the reco…
When a Virginia legislator gets help from a registered lobbyist during a campaign, when does the legislator have to disclose a 'lobbyist relationship' on the ethics form?
The Campaign Finance Disclosure Act of 2006 does not preempt the legislator-specific disclosure required by § 30-111, so a 'lobbyist relationship' triggered during a campaign must still be reported on…
When a Virginia circuit court convicts an indigent defendant, can the clerk bill the defendant for both attorney fees and expenses, even if those exceed the court-appointed counsel cap?
Yes for expenses. Va. Code § 19.2-163(2) caps the compensation that can be billed to an indigent convicted defendant at the pre-waiver compensation limit for court-appointed counsel. But the same stat…
If a Virginia homeowner puts their house in a trust, can they still claim the senior, disability, or disabled-veteran property tax exemption?
No, not when title is in a trust. The Virginia Constitution's Article X, § 6(b) (age 65 or disabled) and § 6-A (totally disabled veterans) exemptions require the property to be 'owned by' the qualifyi…
Does a Virginia sheriff have to take a 10% cut from a sheriff's sale, or can the full proceeds go to the creditor?
It is discretionary. Va. Code § 8.01-499 authorizes (but does not require) the sheriff to deduct a 10% commission from the proceeds of a sheriff's sale before paying the net to the judgment creditor. …
Can a Virginia open-end credit lender charge an annual membership fee on top of finance charges, even if I pay my balance in full each month?
Yes. Under Va. Code § 6.2-312, an open-end credit lender can charge both 'finance charges' (only if the borrower fails to pay the balance in full by the close of a minimum 25-day billing cycle) and 'o…
In Virginia courthouses, do sheriffs or judges decide where security cameras go and what doors are locked?
Judges make the rules. Sheriffs enforce them. Va. Code § 53.1-120 puts the duty to ensure courthouses and courtrooms are secure on the sheriff and lets the chief judges and the sheriff agree on the nu…
Does a Virginia prosecutor have to disclose the identity of trial witnesses or confidential informants to the defense before trial?
Generally no, but with two important exceptions. The Virginia rules of criminal procedure (Rule 3A:11, Rule 7C:5) do not require the Commonwealth to disclose witness names, addresses, or phone numbers…
Can a Virginia gun owner put a machine gun in a trust to register it with state police?
No. The Uniform Machine Gun Act in Va. Code § 18.2-288 defines 'person' as 'firm, partnership, association or corporation.' Va. Code § 1-230 (the general definitions statute) includes 'trust' among en…
If two Virginia No Through Truck routes share an endpoint, can a trucker use one as a shortcut just because he lives on the other?
No. Even though VDOT had referred internally to two contiguous No Through Truck routes (one in Hanover, one in New Kent) as 'one continuous truck restriction,' they were legally separate designations.…
Does Virginia's Attorney General have to recuse himself from investigating election-law violations in an election he is running in?
No, not as a categorical rule. The Constitution allows the Attorney General to run for re-election or for other office, and the 2013 amendments to § 24.2-104 gave the AG independent authority to enfor…
Can a Virginia housing authority, IDA, or other political subdivision pay an employee's legal defense costs in a civil or criminal case arising from their job?
Yes. Va. Code § 15.2-1520 authorizes a locality 'or political subdivision of such locality' to retain counsel and defend employees, officers, board members, or commissioners in any legal proceeding ar…
Can a Virginia locality require a group home for people with disabilities to have only live-in staff to qualify as a single-family residence for zoning?
No. Va. Code § 15.2-2291 mandates that a facility for up to eight individuals with mental illness, intellectual disability, or developmental disabilities, with one or more resident counselors or other…
Can a Virginia county sign a contract with another state to inspect locally-built modular buildings for that state's building code?
No. Under the Dillon Rule, Virginia counties have only those powers expressly granted by the General Assembly or necessarily implied. No statute authorizes a county to contract with another state to i…
Can a Virginia county require a special use permit to dump off-site excavation soil and rock on a farm, even if the dirt is going to be used for an agricultural purpose?
Yes. The General Assembly amended Va. Code § 15.2-2288 in 2012 (ch. 455) to exempt off-farm-generated excavation material, waste, and debris from the agricultural-activities zoning exemption. Localiti…
Can a Virginia volunteer fire department ban a member from carrying a firearm at the firehouse, even if the member is a retired cop with a statutory exception to the concealed-carry ban?
Yes. The § 18.2-308(B)(7) exception for qualified retired law enforcement officers exempts them from prosecution under the state concealed-carry statute, but it does NOT give them an affirmative right…
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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.