2025 Official Opinions
Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.
December
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 25-013 | The Honorable Patrick Hope, Member, House of Delegates | A 2024 amendment to Code § 15.2-2306 does not prohibit a locality from issuing a permit to demolish a structure that is under consideration for designation as a historic structure, but rather only prohibits a locality from issuing a demolition permit until 30 days after the decision of the governing body to approve an application to demolish a historic structure whose demolition is subject to approval under the locality’s ordinance. |
| 24-026 | The Honorable R. Creigh Deeds, Member, Virginia Senate | The expiration of an open space use agreement is not a change in use and does not subject the property to roll-back taxes. |
| 25-002 | The Honorable Michael Webert, Member, Virginia House of Delegates | Va. Code § 47.1-13.1 does permit an authorized person to perform notarial acts outside the Commonwealth via a remote online notarization. |
| 24-034 | The Honorable April L. Edwards, Mathews County Sheriff | Local government officials may not interfere with, hinder or prevent the sheriff's access to records of the sheriff that are stored on a server that is the property of the local governing body. |
| 25-033 | The Honorable Wendy H. Stewart, Mathews County Treasurer | The Treasurer's office may decline to allow security cameras in its offices even though the county governing body has authority to install the cameras in county buildings. |
| 23-044 | Jim H. Guynn, Jr., Attorney for the City of Salem | The definition of “employee” in § 15.2-1605 includes part-time employees, such that those employees are entitled to certain vacation and sick leave benefits. |
November
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 24-041 | The Honorable Mike Cherry, Member, House of Delegates | Virginia’s juvenile courts are required under 5 U.S.C. § 9101 to share criminal history record information with covered federal agencies under the terms set forth in the statute, but because juvenile delinquency records do not constitute “criminal history record information,” they are not subject to required disclosure under 5 U.S.C. § 9101. |
| 25-001 | Kelly Kemp, Esq., Town Attorney, Town of Amherst | The authority granted localities under § 46.2-1300(A)(1) and -(A)(2) permit the Town of Amherst to adjust speed limits as prescribed therein only on local roads; the authority does not extend to roads within the state system of highways. |
October
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 25-029 | The Honorable Terry G. Kilgore, Member, House of Delegates | As of the date of this Opinion, the “next general election” for electing the House of Delegates for purposes of Article XII, § 1 will occur in 2027. |
July
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 25-007 | Hon. A.C. Cordoza, Member, Virginia House of Delegates | The governing body of a municipality served by a school board it appoints must hold at least one hearing pursuant to Code § 22.1-29.1 prior to making an appointment to fill a vacancy for an unexpired term. |
Feburary
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 25-003 | Hon. A.C. Cordoza, Member, Virginia House of Delegates | A school board does not have the authority to remove its chairman or vice-chairman from that position prior to the expiration of the one-year term set forth in Code § 22.1-76. |
January
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 24-038 | The Honorable Carrie E. Coyner, Member, Senate of Virginia | The State and Local Government Conflict of Interests Act precludes the City of Hopewell from enforcing local policies or ordinances that purport to regulate a council member’s ability to vote on specific types of matters. |