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Official Opinions

 

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

Opinion # Requestor

Summary

06-095 The Honorable Kristen J. Amundson
Member, House of Delegates

Sale of real property after January 1 does not impact real property assessments for current tax year; sale price may be incorporated into fair market value determination for property during annual assessment that follows year of such sale.

06-099 Mr. David K. Paylor, Director
Dept. of Environmental Quality
Board must include renewable energy set-aside in adopting regulations implementing § 10.1‑1328(C) and may construe § 10.1‑1328(D) as authorizing renewable energy set-aside. Although Board may authorize voluntary public health set-asides, General Assembly’s apparent intent weighs against authority to include mandatory public health set-aside. Attorneys General historically refrain from opining that statute is unconstitutional unless statute clearly is unconstitutional beyond reasonable doubt. No conclusion that 2006 amendments are unconstitutional.
06-061 The Honorable Michael J. Valentine, Judge
Juvenile & Domestic Relations District Court
Juvenile and Domestic Relations District Court judge may reject plea agreement when arrest warrant is amended from assault and battery against family or household member to ‘simple’ assault.