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…
What can a West Virginia county commission lawfully fund: agricultural scholarships, scholarships for firefighters and EMS personnel, and gift cards as survey-participation incentives?
Mixed. A county commission may not fund an agricultural scholarship; that authority belongs to the Commissioner of Agriculture, not counties. It may fund a scholarship for volunteer firefighters and E…
Can a West Virginia county building commission consent to having an existing nursing-home lease assigned to a private for-profit nursing home operator?
Yes. Building commissions (W. Va. Code § 8-33-4) have plenary authority to lease property 'for public purposes' to whomever they deem proper, with no restriction on for-profit entities. Operating a nu…
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…
Can a West Virginia county commission lease an apartment in a county-owned building to a private individual as a residence?
No. The AG concluded that county commissions have no statutory authority, express or implied, to lease real property to a private individual for private residential use. The two express leasing powers…
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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.