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Official Opinions


August 2009 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor


09-042 The Honorable Lori K. Stevens
Dinwiddie County Commissioner of the Revenue

Based on facts presented, private landowner who constructs boat pier on land owned by political subdivision is owner for purposes of real property taxation; pier may be assessed and taxed separately from adjoining land of private landowner.

09-044 The Honorable Ken Cuccinelli, II
Member, Senate of Virginia

Based on information provided, certain real property and improvements used and occupied by NorthStar Church Network qualify for exemption from local taxation under § 58.1‑3606(A)(5). Nonprofit property holding company that is organized for religious purposes retains same property tax exemption as its sole member incorporated church.

09-048 Colonel W.S. (Steve) Flaherty
Superintendent, Department of State Police

Absent judicial or statutory definition, ‘offensive conduct’ includes acts of harassing, stalking, threatening, or placing person in reasonable fear of bodily injury.

09-046 The Honorable J. Chapman Petersen
Member, Senate of Virginia

Should Fairfax County become city pursuant to Chapter 39 of Title 15.2, there would be no effect on existing charters and impact on legal powers of or limitations on City of Fairfax and Town of Vienna. Town and township, as used in § 15.2‑3916, virtually are same. General Assembly would have to approve charter for new city, including its name.

09-043 The Honorable Nancy J. Horn
Roanoke County Commissioner of the Revenue

BPOL tax exemption in § 58.1‑3703(C)(18)(a) applies only to entity that qualifies as ‘nonprofit charitable organization’; does not extend to wholly owned for-profit subsidiary.

09-053 The Honorable Samuel A. Nixon Jr.
Member, House of Delegates

Individual may not serve simultaneously as Secretary of Technology and Chief Information Officer. Authority for Virginia Information Technologies Agency, rather than Information Technology Investment Board, to enter into or modify contracts for purchase of information technology goods and services.