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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Does Virginia's 2015 amendment giving private police departments 'law-enforcement officer' status actually grant them police powers?
The AG concluded the 2015 amendment to § 9.1-101 did confer law-enforcement powers on qualified employees of authorized private police departments, so long as those employees met all DCJS training req…
Can a Virginia sanitary district build and run community buildings or recreational facilities outside its own boundaries to serve district residents?
Generally no. A sanitary district can only operate community buildings and recreational facilities within its boundaries, unless it reaches an agreement with another jurisdiction under § 15.2-1300 to …
Must a Virginia county with a county-administrator form of government create a citizen-appointed library board to qualify for state library aid?
Yes. The AG concluded that Va. Code § 42.1-35, which requires a local library board appointed by the governing body, applied to Roanoke County. The county-administrator charter did not create an exemp…
When a Virginia officer is holding someone under a temporary detention order and the person has calmed down, can a family member take over the transport to the mental health facility?
If a law enforcement officer holding a person under a temporary detention order (TDO) believes the person can be safely transported by an alternative provider (including a family member), and that pro…
Does the 90% pay cap on Virginia deputy sheriff salaries apply when my county adds local supplemental pay on top of the state salary?
The 90% cap in Virginia Code § 15.2-1609.2(F), which says a deputy sheriff's salary cannot exceed 90% of the sheriff's salary, does not apply to a deputy's total pay when a county or city provides sup…
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…
Under Virginia's public-funds investment law, does 'domestic bank' mean only Virginia banks or any U.S. bank?
Any U.S. bank. Va. Code § 2.2-4509 lets localities invest in negotiable CDs at 'domestic banks.' Reading the term alongside Virginia's banking statutes, which incorporate the federal definition of 'fo…
Can the Virginia General Assembly hand off the job of redrawing Baylor grounds oyster boundaries to the Marine Resources Commission?
Yes, but only if the statute setting up the delegation contains specific policies and definite standards to guide the Commission. A naked grant of authority would fail the nondelegation doctrine.
If a Virginia school board has a vacancy, does that lower the number of members needed for a quorum?
Yes. A school board consists of the members who are 'duly appointed or elected.' A vacancy reduces that count, which in turn reduces the majority needed for a quorum.
Can a Virginia locality get an easement on state-owned river bottomlands to build a flood-control levee, and who in state government grants it?
Yes. The Virginia AG concluded that a local flood-control project is a 'governmental activity' under §§ 28.2-1300 and 28.2-1400, that § 28.2-1200.1 lets the Commonwealth grant an easement for it, and …
If ICE issues a detainer on someone in a Virginia sheriff's jail, can the sheriff tell ICE when the inmate will be released so ICE can come pick them up?
Yes. Virginia Code § 53.1-220.2 expressly allows a sheriff who receives an ICE detainer to transfer custody of the inmate to ICE within five days before scheduled release. The AG concludes that author…
Can a Virginia local wetlands board take public comment at meetings even when a statute doesn't require a public hearing?
Yes. AG Herring concluded the Suffolk Wetlands Board may permit public comment at meetings whenever it chooses, even when public comment isn't statutorily required, because no law prohibits it and FOI…
When a regional school in Virginia (jointly funded by several school divisions) has leftover money at the end of the year, does the money have to be returned to the participating localities?
No. AG Herring concluded that Va. Code § 22.1-100, which requires reversion of unspent local funds for individual school divisions, does not apply to regional schools. Each regional joint board may ad…
Are minor league baseball players who play in Virginia covered by Virginia's overtime and minimum wage laws?
No. Based on the facts presented, minor league baseball players employed by the five MLB-affiliated minor league teams in Virginia are exempt from Virginia overtime pay and minimum wage requirements. …
Can a Virginia circuit court clerk carry a firearm into the courthouse where they work?
Yes, while in the conduct of their official duties. The AG concluded that the clerk of a circuit court is a 'court officer' as that phrase is used in § 18.2-283.1, the statute that generally bans weap…
Can a Virginia town council member also serve on the county school board at the same time?
Yes. The AG concluded that a citizen could serve simultaneously on a town council and on the county school board for the county containing that town, so long as the usual residency and other eligibili…
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…
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 county redirect leftover general obligation bond money from a completed project to a different voter-approved project?
Not unless the bond resolution and referendum question that voters approved said the proceeds could be applied to that other project. If the ballot listed each project with its own dollar amount and n…
If a Virginia county supervisor emails a newsletter to constituents, is the email list a public record under FOIA?
It depends on the newsletter. The Virginia FOIA covers records 'prepared or owned' in the 'transaction of public business.' Whether a newsletter sent by a Board of Supervisors member is public busines…
Can Virginia's environmental agency hand $80,000 to the Chesapeake Bay Foundation for educational field studies?
No, not as a direct gift. The Chesapeake Bay Foundation (CBF) is a 501(c)(3) charitable organization not owned or controlled by the Commonwealth. Article IV, § 16 of the Virginia Constitution prohibit…
If a Virginia electoral board member takes a part-time town attorney job, are they automatically off the board, and are any decisions they made still valid?
Off the board on acceptance, but past acts remain valid. The AG concluded that under Article II, § 8 of the Virginia Constitution and § 24.2-119, an electoral board member cannot simultaneously serve …
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…
What does Virginia law say about voter intimidation and people carrying guns at polling places?
Virginia and federal law criminalize intimidation, threats, and other coercion at polling places. Brandishing a firearm to instill fear is a crime, courthouses and schools (often polling locations) ar…
Is assaulting a nurse or doctor who treats inmates a felony in Virginia like assaulting a corrections officer?
Only if the medical worker is directly employed by the Department of Corrections, or is a volunteer rescue squad member acting in that role. Medical staff at local jails or hospital ERs treating inmat…
Can a Virginia driver assign medical benefits from their auto insurance policy to a chiropractor who treats them, and are 'no assignment' clauses in the policy enforceable?
Yes, the assignment is enforceable, and a policy clause barring such post-loss assignments is unenforceable as long as the assignment doesn't materially increase the insurer's risk or obligation.
Can a Virginia deputy sheriff also sit on the county board of supervisors at the same time?
Yes. Virginia's dual office-holding rules in Article VII, § 6 of the state constitution and Va. Code § 15.2-1534(A) only forbid simultaneous service in offices that are expressly listed in Article VII…
Can a Virginia local election office accept grants, equipment, training, or website services from the Center for Tech and Civic Life or the U.S. Alliance for Election Excellence?
No. Under Virginia Code § 24.2-124.1, the State Board, the Department of Elections, every local electoral board, and every general registrar's office is forbidden from soliciting, accepting, using, or…
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 …
Does Virginia's industrial development authority statute let a county-level IDA finance subsidized single-family housing, even though the statute's purpose paragraph only mentions 'municipalities'?
Yes. After the 2006 amendment to § 15.2-4902(xiii) substituted 'localities' for 'municipalities,' Virginia industrial development authorities created by counties (whose housing authorities have not be…
When is Virginia's regional congestion relief fee triggered: by the date a deed is signed, or by the date it's recorded?
By the date of recordation. After conflicting June 2013 guidance from the Office of the Executive Secretary of the Supreme Court of Virginia, the AG settled the question: § 58.1-802.2's regional conge…
Can a Virginia county's zoning ordinance treat the same zoning district differently based on which electoral district the parcel sits in?
No. Va. Code § 15.2-2282 requires all zoning regulations to 'be uniform for each class or kind of buildings and uses throughout each district.' Spotsylvania's February 2013 amendment authorizing layin…
If a county fails to maintain a historic building on land deeded from the state, can the state take the land back?
The deed obligated Isle of Wight County to maintain and preserve the dwelling in good condition, and the county apparently breached that obligation through years of disrepair. But the deed's reverter …
When a Virginia landowner puts a conservation easement on property, must it meet the local minimum-acreage rule, and what if the easement allows lot splits later?
Conservation easement land must meet the local minimum acreage rule of § 58.1-3233 at the time the easement is dedicated, unless the easement predated the local land use ordinance. Once qualified, lat…
Can a Virginia town council start negotiating an employment contract with a town manager without first voting as a body, and can the contract have a multi-year term?
Yes to negotiations: council members can negotiate preliminarily, as long as the appointment and contract are ultimately approved by a council vote. No to a fixed multi-year term: under § 15.2-1503, t…
Is a Virginia tobacco shop that lets customers use an in-store roll-your-own (RYO) machine treated as a 'tobacco product manufacturer' under the Tobacco Escrow Statute?
No. The AG concluded that a retailer who lets customers use an on-premises RYO machine to make cigarettes for their personal use is not a 'tobacco product manufacturer' under the Virginia Escrow Statu…
Can a Virginia school board adopt a policy that blocks board members from getting records the public could get under VFOIA?
In some cases, yes. A local school board policy that requires full-board endorsement before staff produces records to a board member conflicts with the Virginia Freedom of Information Act if the recor…
Can a Virginia school board member vote on a budget that affects their spouse's salary along with thousands of other school employees?
A budget decision that affects the salaries of thousands of school employees does not 'affect the public generally' just because it affects a large group. A board member married to one of those employ…
Can Albemarle County ban all junk cars from residential yards unless they're inside a garage or hidden from view?
Yes. Va. Code § 15.2-905(A) gives Albemarle County (and other specified localities) two options for regulating inoperable vehicles on residential, commercial, or agricultural land: a total ban with an…
Can a circuit court clerk refuse to docket a certified copy of a federal bankruptcy court judgment because it isn't labeled an 'abstract of judgment'?
No. So long as the certified copy contains the information § 8.01-449 requires, it counts as an authenticated abstract of judgment and the clerk has a mandatory duty to docket it.
If a Virginia primary candidate withdraws after their name appears on the primary ballot and absentee voting has begun, are they barred by the 'sore loser' law from running as an independent in the general election?
No. Section 24.2-520 keeps the names of candidates who are 'defeated in the primary' off the general election ballot. The AG concludes that 'defeated' means losing on the basis of votes cast while sti…
If a Virginia coal hauler has the right permit and the load fits within the bed, can it skip the scales and avoid weight enforcement?
No. Section 46.2-1143 lets a permitted six-axle coal hauler carry up to 110,000 pounds gross, but no more. The statute doesn't exempt anyone from being weighed, and the 'load below the bed line' rule …
Can a corporation that keeps only a registered office in Virginia serve as a deed-of-trust trustee, or does it need a true 'principal office' here to foreclose?
It needs a true principal office. The AG concluded that 'principal office' in § 55-58.1(2) carries the Title 13.1 meaning, the place where the principal executive offices are located. A bare registere…
After the Fourth Circuit struck down Virginia's 'habitual drunkard' law, what can Commonwealth's Attorneys still do under the interdiction statute?
Almost nothing under the habitual-drunkard prong. The Virginia AG concluded that after Manning v. Caldwell, Commonwealth's Attorneys may no longer seek new interdictions, criminal penalties, or enhanc…
Can Virginia appropriate state funds to nonprofit land trusts for conservation, or does Article IV, § 16 forbid it?
Gifts to land conservation nonprofits are forbidden under Article IV, § 16 (prohibition on appropriations to charitable institutions not owned or controlled by the Commonwealth). But bona fide contrac…
Does the 2010 Virginia law delaying collection of residential cash proffers until after final inspection apply to proffer agreements signed before July 1, 2010, and is that constitutional?
Yes. Section 15.2-2303.1:1 applies to cash proffer agreements made before July 1, 2010, so localities cannot demand payment until after final inspection. The retroactive application does not violate t…
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…
Can a candidate running for office in Virginia use campaign funds to pay for childcare while campaigning?
Yes. A Virginia candidate may pay for childcare with campaign funds if those expenses are a direct result of campaign activity and would not exist if the candidate were not running. Childcare needed d…
Can a Virginia school division employee run for and serve on that same school board, and can a Department of Health employee run an outside radon-testing business?
No, an employee of a school board cannot serve as a member of that same school board. A Department of Health employee may run a radon-testing consulting business on personal time, as long as the work …
During Virginia's early voting period, can I carry a gun in or near the local registrar's office, a satellite voter office, or a central absentee precinct? And does the 40-foot rule cover the whole building or just the voting area?
Yes, the firearm ban applies. Central absentee voter precincts, voter satellite offices, and offices of general registrars used as designated early-voting locations are 'polling places' under Va. Code…
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…
When did Virginia's 2016 pickup truck personal-property tax exemption start applying, and did the timing create unconstitutional unequal taxation?
The AG concluded that the new pickup-truck personal-property tax exemption (effective July 1, 2016) did not apply to qualifying vehicles taxable in the locality as of January 1, 2016. Those vehicles r…
Can a Virginia animal control officer decide not to seek a dangerous-dog summons after a bite if a statutory defense might apply?
Once an animal control officer had objective reason to believe a dog had bitten, attacked, or injured a person, § 3.2-6540 made it mandatory to apply to a magistrate for a summons. The statutory excep…
Can a Virginia county tax boats by charging a license fee instead of personal property tax?
No. The AG concluded that counties had no authority under Virginia law to impose a license fee on boats in lieu of personal property taxes. The General Assembly had expressly authorized local license …
Does Virginia's $1 open-space recordation fee on 'deeds' apply to deeds of trust and leases?
Yes. The AG concluded that 'deed' in § 58.1-817 carries its established legal meaning, any signed, sealed, and delivered instrument conveying some interest in property. Deeds of trust and leases both …
When must the Virginia Compensation Board start paying local jails back for medical costs of state-responsible inmates?
The Compensation Board's policy of starting reimbursement on day 91 was inconsistent with § 53.1-20.1, which makes the state responsible beginning on day 61 after notice of the commitment order. The A…
Can a retired Virginia judge who has taken his name off the Supreme Court's recall list still officiate weddings without posting a bond?
Yes. AG Herring concluded that Va. Code § 20-25 lets any 'retired judge or justice of the Commonwealth' celebrate marriages without bond or order of authorization, including a judge who has voluntaril…
When a Virginia brewery fills a refillable beer growler with beer, is that growler 'factory sealed' so it's exempt from local meals tax?
Yes, if the brewery itself seals and sells the growler for off-premises consumption. AG Herring concluded that for purposes of Va. Code § 58.1-3840(B)'s meals-tax exemption, 'factory sealed' means sea…
When a Virginia juvenile court transfers a juvenile to circuit court for adult prosecution and no one appeals, when does the juvenile court actually lose jurisdiction, and when can the juvenile be moved from juvenile detention to the adult jail?
Immediately. Once the juvenile and domestic relations court enters a transfer order under § 16.1-269.1(A), the juvenile court is divested of jurisdiction at that moment. The juvenile may be moved from…
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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.