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Official Opinions


May 2002 Opinions

Please click on Opinion number to view entire opinion.

Opinion # Requestor


01-026 Mr. James E. Barnett
County Attorney for York County
Constitutionality of local ordinance limiting time period within which political signs advocating particular candidate or political party may be displayed on private property, either before or after primary or general election, must be determined on case-by-case basis.
02-045 The Honorable John T. Frey
Clerk of the Circuit Court of Fairfax County
Clerk of court should collect $10 assessment fee on every deed recorded on or after May 1, 2002, on which state recordation tax is levied. Deed of correction is not subject to $10 fee. Fee is collected only in jurisdiction where instrument is first recorded and is not collected for recordation of same deed for real estate that is located in more than one jurisdiction. Deeds of release and deeds of partition are not subject to state recordation tax or $10 assessment fee. Assessment by circuit court clerk of $10 fee for recordation of deed of easement, deed of dedication or deed of subdivision depends on clerk’s current treatment of such deeds for state recordation tax purposes.
02-032 The Honorable Molly Joseph Ward
Treasurer for the City of Hampton
Ordinance directing City of Hampton to turn over to Elizabeth Lake Estates Civic Association tax revenue collected in service district is unconstitutional. City’s delegation of its legislative authority to Association is unconstitutional. Tax imposed by ordinance is unenforceable.
02-031 The Honorable Gordon F. Saunders
Commonwealth’s Attorney for
Rockbridge County & the City of Lexington
Attorney General declines to render opinion regarding whether operation of Free Spin machines under described circumstances constitutes illegal gambling.
02-005 The Honorable Ward L. Armstrong
Member, House of Delegates
Disclosure by spouse abuse shelter to law-enforcement officials of presence of resident under described circumstances.
02-044 The Honorable Christopher B. Saxman
Member, House of Delegates
Department of Taxation has authority to promulgate guideline definition of term "contractor" that clarifies and explains which businesses are included in "contractor" classification for purpose of determining applicable maximum BPOL tax rate, provided language is not inconsistent with Commonwealth’s license tax laws.
02-034 The Honorable Tom Bolvin
Member, House of Delegates
The Workforce Investment Act precludes the General Assembly from directing the Governor to reallocate Unobligated WIA Funds to a community college located within the same geographic area from which the funds were obtained. Consistent with the historical practices of prior Attorneys General, the Attorney General is unable to comment on any actions colleges may take to seek reallocation of such funds.
02-040 The Honorable Joel C. Cunningham
Judge, General District Court of Halifax County
Order of remittance does not serve as satisfaction of judgment in general district court; does act as satisfaction of judgment entered on previously forfeited bond under applicable statutes pertaining to judgments filed in circuit courts.