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 collect its emergency ambulance service fee from people who live in public housing, even though the housing project itself is tax-exempt?
Yes. The fee under W. Va. Code § 7-15-17 is a user fee on people, not a property tax. Public housing residents are 'users' of emergency ambulance services and may be charged. The state housing law's t…
Do West Virginia municipal court technology and administrative fees, adopted by Home Rule cities, run afoul of the statutory rule that home-rule ordinances may not be 'contrary to' state criminal law?
No, on the facts presented. Reasonable court technology, court maintenance, and administrative fees in the $1 to $65 range that municipalities use to fund judicial-system operations are not 'contrary …
After the June 2016 flood, can White Sulphur Springs give a piece of city-owned land to a regional economic development corporation, which will then pass it to a 501(c)(3) charity to build discounted homes for displaced residents?
Yes, on the facts described. W. Va. Code § 8-32-2 lets a municipality transfer property to an area development corporation 'for or adaptable to use in industrial and economic development.' The Greenbr…
Can a West Virginia city give its fire marshals the power to make arrests, get warrants, and briefly detain suspects when they witness violations of the city fire code?
Yes. The AG concluded that W. Va. Code § 8-15-1 grants every municipality 'plenary' authority to provide for the prevention and extinguishment of fires, and that 'plenary' means complete and unqualifi…
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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.