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 county official, instead of the board of supervisors, ask VDOT to add a street to the state highway system in Virginia?
No. The Attorney General concluded that the VDOT regulations (24 VAC § 30-91-60(E)(7) and § 30-91-150(B)(3)) unambiguously require a formal resolution of the county's governing body (the board of supe…
Can a Virginia county board of supervisors install and operate security cameras in the county treasurer's office, even if the treasurer objects?
No. The AG concluded that the treasurer, as a constitutional officer with exclusive control over the operation of her office, may refuse to allow the county board of supervisors to install or operate …
If a Virginia sheriff stores his own records on a server owned by the county or city, can the county administrator restrict or deny the sheriff's access to those records?
No. The AG concluded that a sheriff, as a constitutional officer independent of local government, must have unfettered access to his own records even when stored on locality-owned servers. Local offic…
Can a Virginia city or county pick its own courthouse security provider instead of the sheriff?
No. Under § 53.1-120, each Virginia sheriff is statutorily charged with ensuring 'that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption' and with designat…
Can a Virginia county or city create a tax credit (real estate, personal property, or otherwise) for parents who homeschool or send their kids to private school?
No. Under Virginia's Dillon Rule, local governments only have the powers the General Assembly expressly grants them (or those necessarily implied or essential). The General Assembly has not authorized…
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…
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…
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 war-monument protection statute also cover markers placed to highlight a historic building?
No. The AG concluded that § 15.2-1812's anti-removal protection reached only monuments to wars, conflicts, and war veterans. A marker installed to commemorate a building's historical significance fell…
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…
Can a Virginia county board of supervisors put a mixed-beverage-sales referendum on the ballot, or does the petition have to come from voters?
The board cannot. Section 4.1-124(A) requires a petition signed by qualified voters (10 percent of the locality's voters, or 100, whichever is greater). The AG concluded that neither individual superv…
Could a Virginia town with a police department provide police services to a town with no police force and receive that town's fines to pay the officer?
No. The Attorney General concluded that § 15.2-1726 did not authorize the proposed agreement because the second municipality had no police force or authority to establish one. Without a valid reciproc…
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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.