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Official Opinions


August 2007 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor


07-047 The Honorable R. Creigh Deeds
Member, Senate of Virginia

Commonwealth Transportation Commissioner may not permit installation of water line along road acquired by Commonwealth by prescriptive easement when such road merely has been used as public road. Unless prescrip-tive easement included use of pipeline within right-of-way of such public road, installation of water line creates additional servitude or burden on owner’s land outside scope of existing prescriptive easement; any such use must be examined in light of current eminent domain laws to determine whether taking has occurred that requires just compensation.

07‑077 The Honorable Timothy D. Hugo
Member, House of Delegates

No requirement to establish perpetual care trust fund for EcoEternity Forest.

07-053 The Honorable John s. Reid
Member, House of Delegates

Local school boards may not charge for transportation of students to and from school.