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Official Opinions


August 2008 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor


08-038 The Honorable William J. Howell
Speaker, House of Delegates

Preliminary subdivision plat must show all sections or phases of development at time local planning commission approves plat to invoke five-year period of validity. County planning department approval of subdivision construction plat showing phased or sectioned development does not operate as governmental approval as phased or sectioned development where approved preliminary plat did not show such development; § 15.2‑2241(5) is not applicable to such plat. Section 15.2‑2260(G) adds to existing validity period for preliminary plats for multiple phase developments where final plat is recorded; when such preliminary plat does not show phased or sectioned development, five-year validity period is not cumulative. Approved preliminary plat is extended for one five-year period from date of latest recorded subdivision plat of property. Underlying preliminary subdivision plat ‘for a multiple phase development’ remains immune from subdivision and zoning ordinance changes for period of five years from time approved final subdivision plat ‘for all or a portion of the property of a multiple phase development is recorded.’ Section 15.2‑2260(G) applies only to underlying preliminary plat that was approved as multiple phase development. Deadlines in §§ 15.2‑2241 and 15.2‑2260 or enacted in local ordinances must be strictly construed; locality may not waive or extend such deadlines.

08-040 The Honorable H. Roger Zurn, Jr.
Treasurer, County of Loundon

Responsibility for county treasurer to receive any asset forfeiture funds, which must be held and used only for law-enforcement purposes. Sheriff may not establish separate account or ‘treasury’ for such funds separate and apart from locality he serves. No requirement in Guidelines of Department of Criminal Justice Services that asset forfeiture funds be paid only to law-enforcement agencies, but such funds may be used for law-enforcement purposes only.

08-049 Mark B. Taylor, Esq.
Accomack County Attorney
Authority for board of super-visors to adopt resolution granting its members fringe benefit of family health insurance coverage that is same as provided to county’s administrator and attorney.
08-045 The Honorable Deborah F. Williams
Commissioner of the Revenue for Spotsylvania County

Real property rezoned to more intensive use at request of owner must be removed from land use program and roll-back taxes assessed. Agricultural real property, which has been (1) rezoned at owner’s request to more intensive use, (2) removed from land use program, and (3) assessed roll-back taxes subsequently must be rezoned to less intensive use before it can be eligible to receive land use taxation again. Real property with intensive zoning may qualify for land use assessment and taxation if local assessing official determines that it meets criteria.