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 wildlife agency prohibit the use of dogs when it issues a bear kill permit to protect farm property?
No. Once the Virginia Department of Game and Inland Fisheries issues a bear kill permit under § 29.1-529 to address property damage, the AG concluded the Director cannot restrict the permit to prohibi…
Can a Virginia city require contractors to hire local residents for city construction projects?
No. The AG concluded that under Dillon Rule principles and the Virginia Public Procurement Act, the City of Hampton lacked authority either to give bid preference to contractors who would hire Hampton…
Can Virginia's Criminal Injuries Compensation Fund be used to buy a new office building for the Workers' Compensation Commission?
No. The AG concluded the Workers' Compensation Commission could not use Criminal Injuries Compensation Fund money to buy a new headquarters building. Future legislation could authorize that use, and a…
When a Virginia town gives a traffic ticket under its own ordinance, does the fine go to the town, or to the state Literary Fund? And should the town's fines be lumped in with the county's for the 50% rule?
Fines collected for violations of local traffic ordinances enacted under § 46.2-1313 are NOT 'fines collected for offenses against the Commonwealth' under Article VIII, § 8. They are revenue of the lo…
Does a federal credit union have to pay Virginia's grantor's recordation tax when it transfers real estate?
No. 12 U.S.C. § 1768 exempts federal credit unions from 'all taxation' by state and local taxing authorities (with a narrow exception for real and tangible personal property taxes). The Virginia recor…
Can Virginia's General Assembly directly impose extra sales, recordation, and hotel taxes on Northern Virginia and Hampton Roads but not on the rest of the state?
Partially yes, partially no. Imposing different tax rates on transactions (sales, hotel stays, recordation) in different localities does not violate Article X, § 1 of the Virginia Constitution because…
Can Virginia's legislature pass a budget that lets a small commission of legislators decide later whether to expand Medicaid under Obamacare?
No. The 2013 budget act created the Medicaid Innovation and Reform Commission and delegated to it the final call on whether Virginia would expand Medicaid under the Affordable Care Act, contingent on …
Can a person who was forcibly sterilized by Virginia between 1924 and 1979 sue the Commonwealth under the Virginia Tort Claims Act?
It is unlikely. The Virginia Tort Claims Act waives the Commonwealth's sovereign immunity only for claims accruing on or after July 1, 1982. Eugenic sterilizations conducted by the Commonwealth betwee…
How should Virginia classify the three-wheeled ScootCoupe vehicles for driver licensing, titling, insurance, and traffic enforcement?
The smaller PS50 (49.2cc, 30 mph) is a 'motor vehicle.' The larger PS150 (147.5cc, 55 mph) is a 'motorcycle.' Neither qualifies as a moped, motorized scooter, or motor-driven cycle under § 46.2-100, s…
Does a Virginia parcel with woodland, swamp, and a home site qualify for the use-value land tax program if it falls short of the minimum acreage?
No. To qualify, land must both fit a § 58.1-3230 classification (agricultural, horticultural, forest, or open-space) AND meet the § 58.1-3233(2) minimum acreage for that classification (5 acres farm/h…
Can VDOT charge businesses a fee to distribute travel guides at Virginia highway rest areas, or does the First Amendment block it?
No, the First Amendment does not block the fees. Interstate rest areas are non-public forums, and when VDOT acts in a proprietary capacity (running them like a private landlord), it may negotiate comm…
Can the Virginia General Assembly delegate final say over a budget item, like Medicaid expansion, to a small subset of legislators?
No. Article IV, § 11 of the Virginia Constitution requires that a bill be passed by a majority of those voting in each house, and budget bills require an affirmative vote of a majority of all the memb…
Can Virginia police passively collect license plate reader data and store it for future use, or does the Data Act limit them to active, case-specific collection?
Active LPR use (running plates against existing alerts, real-time investigations) is fine under the Data Act's law enforcement exemption. But passive, continuous LPR collection of every plate seen, st…
Can a service member's child get Virginia in-state tuition when the parent is deployed and Virginia is not listed on the military orders?
No. Under the facts presented, dependents of two service members on unaccompanied deployments could not qualify for in-state tuition through the parents' military status. The one-year domicile waiver …
Can two or more Virginia counties or cities pool their cash into a single investment fund, and can that pool be organized as a trust fund?
Yes to both. Two or more Virginia political subdivisions may exercise their statutory investment powers jointly through a pooled investment program, and they may organize the pool as a trust fund. The…
Can a Virginia driver be ticketed under § 46.2-716(B) for a clear plastic license plate cover, or does the statute reach only colored covers?
Yes. Although § 46.2-716(B) singles out 'colored' coverings, its catch-all phrase 'other type of covering' that 'in any way alters or obscures' the plate is broad enough to reach clear plastic covers.…
Does Virginia or the federal government have jurisdiction over the Langley Air Force Base West Gate and Search Facility?
Virginia has jurisdiction. The United States never filed a notice of acceptance with the Governor for the land where those two facilities sit. Without that notice, federal law conclusively presumes th…
Does a Virginia company managing short-term condo rentals need a real estate broker's license?
Yes. The AG concluded that a Virginia management company handling short-term rentals (under 30 days) for individually-owned condominium units had to be licensed by the Virginia Real Estate Board and e…
Is a Virginia HOA's 'declarant control' period (developer keeps the board until enough lots sell) unconstitutional, and can the developer's lawyer also represent the HOA?
The Virginia Property Owners Act does not expressly grant or regulate developer control of a homeowners' association during the early sales period (the 'declarant control period'), so there is no stat…
Can a Virginia county use its zoning power to ban oil and gas drilling, including fracking, within its borders?
No. A Virginia local governing body may adopt reasonable zoning rules about where oil and gas wells can be sited, but it cannot use zoning to ban exploration and drilling entirely within the locality.…
Can a Virginia car-title lender disburse loan proceeds by crediting the borrower's bank account through a debit card or electronic funds transfer?
No. Section 6.2-2215(7) allows disbursement by cash, business check, or debit card, with a no-fee condition on the debit card option. The no-fee condition only makes sense if the 'debit card' is a pre…
Does a Virginia farm pond have to be used for crop irrigation to qualify for the Dam Safety Act's agricultural exemption?
No. Irrigation isn't required. The pond just has to be used in a way DCR finds is required for agricultural production. Whether fire suppression for forestland or a pasture pond qualifies is a fact qu…
Does Virginia's 100% disabled veteran property tax exemption apply if the veteran lives in a unit owned through a real estate cooperative?
No. The AG concluded that the Article X, § 6-A exemption does not apply to a veteran who is a proprietary lessee in a real estate cooperative, because the statute expressly excludes leasehold interest…
Can a Virginian convicted of perjury serve on a jury after the governor restores his political rights, despite § 18.2-434 saying perjurers are 'forever' barred?
Yes. Although Va. Code § 18.2-434 says a perjurer is 'forever' barred from jury service, the governor's constitutional power to remove political disabilities (Va. Const. art. V, § 12) overrides that s…
Can someone convicted of perjury hold elected office in Virginia after the governor restores their political rights?
Yes. Even though § 18.2-434 says a perjury conviction makes a person 'forever incapable' of holding office, the Virginia Constitution makes voting eligibility the sole qualification for office. When t…
Can a Virginia locality require stricter rules for alternative septic systems than the Virginia Department of Health does, where public sewer isn't available?
No. Where (i) no sewer is available and (ii) VDH has approved the alternative system for those conditions, § 15.2-2157(C) bars a locality from imposing additional or stricter standards that would effe…
Do Virginia clerks have to collect recordation taxes when Fannie Mae or Freddie Mac is the grantor or grantee on a deed?
No. Their federal charters exempt Fannie Mae, Freddie Mac, and the FHFA from 'all taxation' by state and local governments except for direct real property tax. Virginia's recordation tax is a tax on t…
Do inmate phone commission funds belong to the Virginia sheriff's office or to the locality's general fund?
The locality's. Section 53.1-127.1 directs commissary profits to inmate benefit but treats phone-service funds as 'public funds' without earmarking them. Without an agreement, those funds go to the ci…
Can Virginia cities, counties, and school boards pool together to run a single self-funded employee health insurance trust?
Yes. Under the Joint Powers Act, any power a political subdivision can exercise alone, it can exercise jointly with another. Localities can set up health insurance under § 15.2-1517 and school boards …
Who has authority under Virginia's Public-Private Transportation Act to evaluate proposals for a private concession to operate the Port of Virginia?
The Virginia Port Authority. The General Assembly gave the VPA, alone, the power to develop and operate Port facilities. The VPA is the 'responsible public entity' under the PPTA. The Secretary of Tra…
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 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…
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.
When Virginia acquires land it already holds a conservation easement on, does the easement disappear?
No. The AG concluded that a conservation easement under the Virginia Conservation Easement Act or the Open-Space Land Act was not extinguished by the common law merger-of-estates doctrine when the eas…
Can a Virginia trial court let a person convicted of a felony serve jail time on weekends or nonconsecutive days to keep working?
No. Section 53.1-131.1's weekend/nonconsecutive sentencing option is limited to misdemeanors, traffic offenses, and Chapter 5 of Title 20 (failure to support) offenses. The 1999 amendment narrowed it …
Can Virginia attach PLA-neutral procurement conditions to state grants given to MWAA?
Yes, by contract. The AG concluded that a Virginia state agency could negotiate to include in a grant agreement a condition that MWAA conduct its procurement without giving preference to Project Labor…
Can a Virginia judgment debtor walk a release of judgment into the circuit court clerk's office for direct entry without going to a judge first?
No. A judgment debtor must file a motion under § 8.01-455 with 10 days' notice to the creditor. Only after the court orders satisfaction can the clerk mark the judgment as released. The clerk acts on …
Can a Virginia citizen, or the Virginia Attorney General, sue the federal government over TSA airport searches under the Fourth Amendment?
An individual whose own rights were affected can bring a Fourth Amendment claim, typically through a Bivens action. But the Virginia Attorney General has no standing to sue on behalf of Virginia citiz…
Can Virginia cities and counties spend tax dollars on dues or contributions to VACo and VML?
Yes. The Virginia Constitution's prohibition on appropriating to charities applies only to the General Assembly, not localities. Several Virginia statutes authorize localities to fund intergovernmenta…
Can Virginia certify a Florida-based business as a 'small business' when Florida won't extend its minority business certification to Virginia firms?
No. The reciprocity clause in Va. Code § 2.2-1403(B) requires Virginia to deny certification to firms from states that deny like certifications to Virginia-based businesses. Because Florida's combined…
Can a Virginia circuit court clerk charge a returned check fee when the check was for a civil case filing or related civil cost?
No. The returned check fee provisions in §§ 2.2-614.1, 17.1-275, and 19.2-353.3 funnel circuit clerks back to the criminal-side fee in § 19.2-353.3. There is no parallel authority in the civil code, s…
Can a Virginia locality limit campaign yard signs to a smaller size than other temporary signs?
No. Virginia Code § 15.2-109 says localities cannot prohibit political campaign signs on private property if they comply with the same zoning and right-of-way rules that apply to temporary nonpolitica…
Can a Virginia local or regional housing authority operate statewide without going through § 36-23's locality-by-locality approval process?
No. Local, regional, and consolidated housing authorities are creatures of state law confined to their 'area of operation.' To act outside that area, they must follow § 36-23, which requires the appro…
Does a Virginia juvenile court have to issue a subpoena to the local social services department before placing a child in its custody?
No. Because the local department is not a party to the proceeding, the statutes only require that it receive notice and an opportunity to be heard, not a subpoena. A court can still issue a subpoena i…
Do Virginia tax credits for donations to sectarian schools or charities violate the state constitution's appropriations clauses?
No. The AG concluded that Virginia's constitutional bars on appropriating public funds to sectarian institutions or private schools (Article IV, § 16 and Article VIII, § 10) did not preclude tax credi…
Can a Virginia driver without a concealed carry permit keep a loaded handgun in the glove box?
Yes. The AG concluded that a person who could lawfully possess a firearm but had no concealed handgun permit could keep a loaded handgun in a vehicle, even within driver or passenger reach, as long as…
Did the Virginia Governor have authority to transfer the Dulles Toll Road to MWAA to fund the Metrorail extension?
Yes, under the only available precedent. Existing transportation statutes give the executive broad flexibility, and a Richmond circuit court upheld the transfer. The MWAA Compact gave MWAA authority t…
Is the Warm Springs Sanitation Commission protected by sovereign immunity in Virginia?
Yes, but only for governmental functions, not proprietary ones. The Commission qualifies as a municipal corporation under the Virginia Supreme Court's six-attribute test, so the same limited tort immu…
In Virginia, can a licensed attorney still choose to serve on a jury, and does the jury service exemption cover out-of-state attorneys?
Yes on both. Section 8.01-341(5) exempts practicing attorneys from jury duty but doesn't disqualify them; a lawyer can waive the exemption and serve. The exemption also reaches lawyers licensed in any…
Can a local elected official who serves on a community action board vote on the budget that funds that board?
Yes. The AG concluded that no conflict of interest precluded members of Virginia local governing bodies who also served (without compensation) on community action boards from voting on local governmen…
Can a Virginia limited liability partnership serve as substitute trustee on a deed of trust?
Yes. The AG concluded that a registered limited liability partnership organized under Virginia law could serve as a trustee under a deed of trust governed by § 55-58.1, because the general Code defini…
Can a Virginia circuit court clerk administer an oath that another state's law requires?
Yes, when the oath is 'required by law' somewhere, including in another state or country. The AG concluded that § 49-4 lets a Virginia clerk administer oaths required by foreign law (Maryland marriage…
Is fish farming or oyster aquaculture covered by Virginia's Right to Farm Act protections?
No. The AG concluded that aquaculture (fish farming, oyster cultivation, and similar aquatic-organism operations) did not qualify as an 'agricultural operation' under Virginia's Right to Farm Act, bec…
Can a Virginia locality impose stricter rules than the state Board of Health on alternative onsite septic systems?
Yes, but with a carve-out. The AG concluded that a Virginia locality could adopt design, siting, and other onsite sewage system requirements stricter than the Board of Health's regulations, except tha…
Can a Virginia city tax a contractor's business activities performed on a federal military base?
Yes. Even though the U.S. has exclusive jurisdiction over JEB Little Creek, the Buck Act lets Virginia Beach assess BPOL tax on a private contractor's gross receipts from work there. Whether the contr…
Can a Virginia prosecutor amend a municipal ordinance charge into the equivalent state-law charge when local police made the arrest, and does a judge have to approve?
Yes, the prosecutor may move to amend such a charge for local arrests, because § 46.2-1308 only restricts amendments for Title 46.2 cases brought by state police. But the amendment is subject to judic…
Can a Virginia locality limit a design-build construction selection to five qualified offerors?
Yes. The AG concluded that a Virginia locality (the request came from Virginia Beach) could adopt design-build construction procurement procedures that limit selection to no more than five offerors de…
Does deducting the new 5% VRS retirement contribution from an injured Virginia state worker's pay create a workers' comp penalty?
No. The AG concluded that a state payroll check carrying the new 5% Virginia Retirement System member contribution still counted as a 'regular payroll check' under § 65.2-524, so the Commonwealth face…
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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.