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Official Opinions


March 2011 Opinions
Please click on Opinion number to view entire opinion.

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

IMPORTANT NOTE:  Official opinions represent the attorney general’s analysis of current law based on his thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions.  Official opinions do not create new law, nor do they change existing law.  Creating and amending laws are the responsibility of the General Assembly, not the attorney general.  

Official opinions are legal advice, not personal opinions, and do not reflect the attorney general’s personal views about what the law should be.  Such advice is provided to ensure clients/the requester are in compliance with the law.  While the opinions may be given deference by the courts, they are not binding on the courts.

The official opinions issued by the attorney general are part of the duties of the office (see Code § 2.2-505).  A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the attorney general for an official opinion on the law. Members of the general public are not authorized to ask for opinions.


Requestor Summary
11-015 The Honorable Clarence E. "Bud" Phillips
Member, House of Delegates
Should two existing school divisions be consolidated, the Composite Index to be applied to the consolidated school division is the lower of the Composite Indices established for the two governmental entities, and the state funding for the consolidated school divisions should not be less than that achieved by this means for a period of five years.
11-019 The Honorable A. Lee Ervin, Esq., Commonwealth’s Attorney, Augusta County The limited authority found in § 58.1-3003 does not authorize a Commonwealth’s Attorney to appeal to the Supreme Court of Virginia an order from a circuit court with respect to the imposition of taxes by a local governing body.
11-023 The Honorable Jeffrey L. McWaters
Member, Senate of Virginia
Employees of the Hampton Roads Partnership are not eligible for VRS coverage because the Partnership is not a “political subdivision” under § 51.1-124.3. 
11-017 The Honorable Ross A. Mugler
Commissioner of the Revenue
City of Hampton
Were it to become law, the real estate tax exemption for veterans proposed by HB 1645 and SB 987 would not apply to payments due for the tax year that began on July 1, 2010, including payments due for the second half of the tax year.
11-011 J. Vaden Hunt, Esquire
County Attorne y
Pittsylvania County
The General Assembly has not authorized local governing bodies to exclude out-of-state prisoners housed in state adult correctional facilities from the locality’s population for the purposes of the decennial reapportionment if the total population of inmates housed at the state adult correctional center does not exceed twelve percent of the locality's population.