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Official Opinions


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

Opinion # Requestor


09-086 Lucy E. Phillips, Esq.
Washington County Attorney

Authority for Virginia Highlands Airport Authority to exercise power of eminent domain to condemn trees in private cemetery to provide unobstructed airspace for purposes of air safety.

09-085 The Honorable Deborah F. Williams
Spotsylvania County Commissioner of the Revenue

Contiguous parcels of real estate, titled in same owner, may be combined to form tracts of at least twenty acres devoted to forest use and at least five acres devoted to agricultural use and are eligible for use value assessment. Parcel with mixed use may qualify for land use assessment provided each use acreage meets required minimum acreage.

09-080 The Honorable Mark C. Christie
Chairman, State Corporation Commission

Federal credit unions are exempt from tax on consumers of electricity imposed by § 58.1‑2900, including portion remitted to localities. Federally chartered credit union may be identified by its name, which is required to include words ‘Federal Credit Union.’

09-072 The Honorable John T. Frey
Fairfax Circuit Court Clerk

No statutory or equitable authority for court to affirm marriages that were not performed under license of marriage. Court may not direct circuit court clerk to issue marriage licenses retrospectively under these circumstances.