West Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in West Virginia, with full citations and the original source on every page.
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Can a West Virginia county commission give out gift cards to residents who fill out a public survey?
Yes. The opinion concludes the Hampshire County Commission can lawfully spend public funds on gift cards to incentivize residents to complete surveys on the MARL transmission line, substance abuse tre…
Can a West Virginia county commission obtain financial records from volunteer fire departments, and are those departments subject to FOIA?
A county commission may ask volunteer fire departments to provide financial records voluntarily, but it may not present the request as mandatory, condition levy distributions, or threaten adverse acti…
After a Pennsylvania ATV crash where a closer West Virginia EMS unit could have helped but couldn't because the two counties weren't bordering, can Morgan County (WV) sign a mutual-aid EMS agreement with Fulton County, Pennsylvania, even though they're separated by Maryland?
No, neither the Morgan County Commission nor the local EMS provider can sign that agreement. The relevant West Virginia statutes (Sections 7-1-3i, 15-5-9, and 16-4C-20) all require the out-of-state co…
Can a West Virginia county commission negotiating a Payment-In-Lieu-Of-Taxes deal with a solar developer also require the developer to chip into a community development fund the county controls, and should those terms go inside the PILOT agreement itself?
Yes, a county commission can require contributions to a community development fund and has authority to set one up, but the contribution provisions should not be in the PILOT agreement itself. PILOT a…
Can a West Virginia county commission make its volunteer fire departments submit to a financial audit, and withhold their share of levy funds if they refuse?
No on both counts. The AG concluded the Mineral County Commission has no express or implied authority under W. Va. Code § 7-1-3d to audit volunteer fire departments, because the Legislature gave that …
Can a West Virginia county commission use eminent domain to take private land bordering a county-owned gun club to address bullets that have spread onto the neighbor's property?
Yes, likely. The AG concluded that taking the strips of land where bullets had landed serves a public use under W. Va. Code § 54-1-2 and W. Va. Const. art. III, § 9, because it advances public safety,…
Does a West Virginia county courthouse have to close on Juneteenth if the governor doesn't recognize it as a state holiday, and do deputy sheriffs get overtime that day?
Yes, the courthouse and its annexes must close because Juneteenth is a federal holiday under 5 U.S.C. § 6103(a) and West Virginia Code § 7-3-2 forbids county commissions from keeping courthouses open …
Does a West Virginia county commission have to pay back the legal fees of a Public Service District board member who successfully defended an ethics complaint, and does it matter that the county dissolved the PSD before the request was decided?
No to both. The AG concluded that a county commission has neither express nor implied authority to reimburse a PSD board member's legal fees, because, unlike with solid waste authorities or planning c…
Can a West Virginia county commission collect overdue emergency ambulance service fees by filing a civil lawsuit or by referring the debt to a collections agency?
Yes, both methods are valid. The AG concluded that a county commission's express authority under W. Va. Code § 7-15-17 to 'collect' ambulance service fees through ordinance is supported by Randy Waugh…
Can a West Virginia county commission lease county land to a Convention and Visitors Bureau when the CVB plans to sublease or partner with a for-profit business that will run an escape room game on the property?
No, not on the facts presented. The AG concluded that W. Va. Code §§ 7-1-3k and 7-1-3hh limit county-property leases to nonprofits or government entities, and only when the use serves a 'public purpos…
If a county ambulance authority board member also works for a for-profit ambulance company or volunteers for a non-profit one, does that create a disqualifying conflict of interest, and can the county commission remove a conflicted member mid-term?
Working for a for-profit ambulance company is always a conflict under W. Va. Code § 7-15-15, contract or no contract; the bar is on holding any interest in such a company. Volunteering for a non-profi…
If a West Virginia county wants to contract directly with local EMS squads for ambulance service, does it have to put the contracts out to competitive bid first?
No. The competitive-bidding requirement in W. Va. Code § 7-15-16 applies only when an 'emergency ambulance service authority' is procuring supplies, equipment, materials, or facilities, not when a cou…
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Attorney general opinions in West Virginia are written by the West 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.