Authority for Virginia Highlands Airport Authority to exercise power of eminent domain to condemn trees in private cemetery to provide unobstructed airspace for purposes of air safety.

Contiguous parcels of real estate, titled in same owner, may be combined to form tracts of at least twenty acres devoted to forest use and at least five acres devoted to agricultural use and are eligible for use value assessment. Parcel with mixed use may qualify for land use assessment provided each use acreage meets required minimum acreage.

Federal credit unions are exempt from tax on consumers of electricity imposed by § 58.1‑2900, including portion remitted to localities. Federally chartered credit union may be identified by its name, which is required to include words ‘Federal Credit Union.'

No statutory or equitable authority for court to affirm marriages that were not performed under license of marriage. Court may not direct circuit court clerk to issue marriage licenses retrospectively under these circumstances.

Constitutional amendment is not required to authorize federal exemption for jointly owned motor vehicle of nonresident military servicemember and his nonmilitary spouse. Constitutional amendment is not required for vehicle that is leased jointly by such servicemember and his spouse because they are not considered to be owners of such leased vehicle.

No authority for local treasurer collecting delinquent state taxes pursuant to agreement with Department of Taxation to recover from taxpayer twenty-percent commission in addition to delinquent state taxes collected on behalf of Department.

Service of criminal show cause summons does not constitute ‘arrest' or trigger requirement to report to Central Criminal Records Exchange.

Authority for EMS providers to administer vaccinations for H1N1 flu or seasonal flu only when designated and authorized by State Health Commissioner in accordance with §§ 32.1‑42.1 and 54.1‑3408(P).

Commissioner of revenue must include entire farm as being in county although portion of farm is within incorporated town; commissioner should proportionally assess portion of farm located within such town as separate line item on land book. For purposes of county's use value program, entire farm receives use assessment; when town within such county does not have use value ordinance, that portion of farm within town is subject to town taxes.

No authority for locality or circuit court judge to direct how circuit court clerk uses Technology Trust Fund monies allocated to his office.

Fairfax County may adopt ordinance requiring private corporation that manages George Mason University Patriot Center to collect admissions tax on persons who pay to attend non-university events held at Center.

Section 15.2‑4901, as it relates to subsidized single family housing facilities, is applicable to Industrial Development Authority of Pulaski County.

Juvenile court order pursuant to § 16.1‑269.1(A) immediately divests juvenile court of juris-diction and such juvenile may be moved from the juvenile detention facility to local correctional facility any time after entry of such order by juvenile court, unless execution of order is suspended pending appeal.

County treasurer may not refund payments erroneously made to towns under § 58.1‑605(H) pursuant to § 58.1‑605(F); distri-butions to town based on incorrect school census data does not constitute ‘error made in any such payment' under § 58.1‑605(F). Section 58.1‑3133(A) permits treasurer to deduct overpayments as ‘other charges' to recoup those amounts.

Authority under §§ 10.1‑603.7(A) and 15.2‑924.1(A) for Virginia locality to adopt ordinance regulating or prohibiting use or application of fertilizers within its jurisdictional boundaries provided locality makes factual findings required by § 10.1‑603.7(A) and determines that ordinance is necessary to prevent further degrada-tion to water resources or to address specific existing water pollution. Locality must comply with public hearing procedures required by § 10.1‑603.7(A).

General Assembly has designated Board of Counseling as responsi-ble agency to interpret licensure requirements for persons employed by community-based citizen groups or organizations.

Based on facts presented, private landowner who constructs boat pier on land owned by political subdivision is owner for purposes of real property taxation; pier may be assessed and taxed separately from adjoining land of private landowner.

Based on information provided, certain real property and improvements used and occupied by NorthStar Church Network qualify for exemption from local taxation under § 58.1‑3606(A)(5). Nonprofit property holding company that is organized for religious purposes retains same property tax exemption as its sole member incorporated church.

Absent judicial or statutory definition, ‘offensive conduct' includes acts of harassing, stalking, threatening, or placing person in reasonable fear of bodily injury.

Should Fairfax County become city pursuant to Chapter 39 of Title 15.2, there would be no effect on existing charters and impact on legal powers of or limitations on City of Fairfax and Town of Vienna. Town and township, as used in § 15.2‑3916, virtually are same. General Assembly would have to approve charter for new city, including its name.

BPOL tax exemption in § 58.1‑3703(C)(18)(a) applies only to entity that qualifies as ‘nonprofit charitable organization'; does not extend to wholly owned for-profit subsidiary.

Individual may not serve simultaneously as Secretary of Technology and Chief Information Officer. Authority for Virginia Information Technologies Agency, rather than Information Technology Investment Board, to enter into or modify contracts for purchase of information technology goods and services.

Medical malpractice review panel or fact finder must apply standard of care based on that degree of skill and diligence practiced by comparable health care providers throughout Commonwealth, as well as expert witness testimony regarding such standard; Virginia law permits proof of local customs to determine appropriate standard. General Assembly has not adopted national standard or particular organization's standard of care.

Local school board may select and use textbooks that are not approved by Board of Education, provided it complies with Board's regulations governing such selection. Local school board must give ‘official approval' of criteria to be used for review and assessment of textbooks at local level. Attorney General declines to respond to factual determination of whether evaluation committee had ‘official approval.'

Based upon Supreme Court of Virginia decision, notice stating that owner is notified of filing of lien, which is recorded with general contractor's mechanic's lien which merely indicates on its face that it is addressed to owner at last known address and lists certified mail number, is not sufficient to satisfy strict requirement of § 43-4.

Exemption for Commonwealth's and assistant Commonwealth's attorneys from general prohibitions on carrying concealed handguns, subject only to restrictions in § 18.2‑308(J1); may carry concealed handguns on school property. No specific prohibition against such individuals consuming alcohol while carrying concealed handguns; restricted by existing statute against being ‘under the influence' of alcohol or illegal drugs. No presumption that General Assembly specifically considered issues analyzed in opinion when it enacted 2008 Amendments. Presumption that General Assembly is aware of Attorney General opinion; may amend statute to supersede opinion.

The Honorable William J. Howell
Member, House of Delegates

‘Burial' as used in § 54.1‑2825 is not synonymous with funeral and must be construed narrowly as authorizing designee to make arrangements to dispose of decedent's remains. Section 54.1‑2807(B) charges funeral home with statutory duty to inquire about desires of next of kin, as defined by § 54.1‑2800, prior to accepting decedent's body. Directions of ‘any next of kin' govern disposal of body. Nonhierarchical definition of next of kin includes any person designated pursuant to § 54.1‑2825.

The Honorable Clarence E. "Bud" Philllips
Member, House of Delegates

Virginia Gas and Oil Board is authorized and, in fact, is mandated to issue compulsory pooling orders to deem that unleased interests are leased when gas owners fail to elect to participate in operation of well; such action is valid exercise of Commonwealth's police power, is in public's best interest, promotes common good, and does not constitute taking pursuant to Virginia Constitution. Gas and Oil Act is constitutional; Act and Board provide appropriate protection of due process rights of gas owners in context of compulsory pooling hearings and orders. There is no right to jury trial associated with administrative proceedings under compulsory pooling provisions of Act.

The Honorable James S. Mathews
Judge, Norfolk General District Court

Surety bail bondsman who executes secured bail bond as disclosed agent-in-fact for stated corporate surety is not personally liable to Commonwealth when criminal defendant absconds and bond is forfeited.

Pursuant to Open-Space Land Act, municipal corporation may impose flat fee on every residential unit and every business unit within municipality to provide funding to maintain parks and open-space land owned by municipality.

The Honorable Richard L. Saslaw
Member, Senate of Virginia

The Honorable Robert D. Hull
Member, House of Delegates

The Honorable James M. Scott
Member, House of Delegates

No authority under § 46.2‑1209 for county to enact ordinance prohibiting persons from parking and leaving vehicles ‘unattended' on public residential streets. Term ‘unattended' should be given its ordinary meaning, ‘lacking a guard, escort, caretaker, or other watcher' or ‘unaccompanied.' Pursuant to § 46.2‑1213, county may enact ordinances to provide for removal of certain vehicles that are: (1) left unattended on public highways or other public property that constitute traffic hazard; (2) illegally parked; (3) left unattended for more than ten days on public property; or (4) immobilized on public roadway by weather or other emergency conditions. Pursuant to § 46.2‑1220, county may enact ordinance to regulate parking, stopping, and standing of vehicles within its jurisdictional limits, subject to limitations imposed in other sections of Article 3, Chapter 12 of Title 46.2.

School board, charged with responsibility to operate and supervise public schools, is appropriate arbiter to resolve dispute over transportation of pupils. Decision to permit two students to ride separate buses is not unreasonable or unlawful.

09-007

The Honorable Emmett W. Hanger Jr.
Member, Senate of Virginia

‘Original cost' means acquisition cost of property from manufacturer or dealer, i.e., original cost paid by original purchaser of such property from manufacturer or dealer.

08-108

The Honorable Robert B. Bell
Member, House of Delegates

No authority for localities to require review and approval of boundary survey plats and physical survey plats prior to recordation. No authority for circuit court clerks to refuse recordation of such plats based solely on lack of such review and approval.

08-100

The Honorable George E. Schaefer
Clerk of Norfolk Circuit Court

Competency evaluation report that was ordered by and submitted to court as part of court's record is open to inspection, provided such report is not sealed by court order.

08-104

The Honorable David L. Bulova
Member, House of Delegates

Fairfax County may exercise specific authority provided by § 46.2‑1222 to regulate parking on roads in secondary system of highways within its boundaries; such authority is not limited by §§ 46.2‑1222.1 and 46.2‑1224(B)‑(C).

08-113

The Honorable Phillip P. Puckett
Member, Senate of Virginia

No authority for Buchanan County Coal and Gas Road Improvement Advisory Committee to budget for payment of salary and benefits for Commissioner of Revenue employee regardless of his primary responsibility.

08-097

Mr. Henry A. Thompson, Sr.
Sussex County Attorney

No exemption for business owners from requirement to secure certificates of occupancy following renovations and repairs to commercial structures used by such owners for their business. Virginia Uniform Statewide Building Code regulations permit approval of final inspection to serve as new certificate of occupancy for additions or alterations to existing commercial buildings.

08-096

Peter Curcio, Esq.
Bristol City Attorney

Charter authorizes participation in airport authority located in Tennessee pursuant to Tennessee law and transfer of ownership in Tri-Cities Regional Airport, located in Tennessee, to such authority without further action by General Assembly.

08-089

The Honorable John T. Frey
Clerk of the Circuit Court of Fairfax County

Prior to July 1, 2008, electronic notarization of document by Virginia notary public would constitute valid notarial act, provided act was performed by valid and commissioned notary public in compliance with applicable laws and regulations. Current electronic notarial acts performed by Virginia notaries would constitute valid notarial acts under Uniform Electronic Transactions Act, provided such acts comply with all other applicable statutes and regulations.

08-084

The Honorable Emmett W. Hanger, Jr.
Member, Senate of Virginia

In interest of highway safety, local police department may adopt certain procedures for selecting private towing and recovery service companies to provide safe and efficient removal, storage, and safekeeping of vehicles involved in traffic accidents or other highway safety incidents; procedures may not infringe upon local government authority to regulate towing; only may address matters related to public safety. Whether procedures address public safety concerns is question of fact.

08-081

The Honorable David S. Ekern, P.E.
Commissioner, Virginia Department of Transportation

Political campaign signs generally may not be posted within state highway rights-of-way. Fairfax County may enter into an agreement with Commonwealth Transportation Commissioner to enforce § 33.1‑373.

Alternative situs provision of § 58.1‑3511(A)(ii) is mandatory.

Failure to give notice of meeting invalidates city council's appointment of nominee to school board.

The Honorable Robert Hurt
Member, Senate of Virginia

The Honorable Kathy J. Byron
Member, House of Delegates

Authority for Campbell County Board of Supervisors to create service district to provide, among other services, library and recreational related services.

Failure to give notice of meeting invalidates city council's appointment of nominee to school board.

Section 15.2‑101(A) does not grandfather ‘suitability of land provisions' in Botetourt County Code.