West Virginia Attorney General Opinions

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558-2021 Attorney General Fax: (304) 558-0140 October 6, 2026 The Honorable Randy E. Smith Senate President – Lieutenant Governor State Capitol, Room M-229 State Capitol Complex 1900 Kanawha Boulevard, East Charleston, WV 25305 Dear President Smith: You have asked for an Opinion of the Attorney General on whether a sitting member of the West Virginia Senate may accept employment with a municipality of this State while retaining his or her Senate seat. We are issuing this Opinion pursuant to W

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558 - 2021 Attorney General Fax: (304) 558 - 0140 September 15 , 202 6 The Honorable Roger Hanshaw Speaker of the West Virginia House of Delegates Room 228M, Building 1 State Capitol Complex Charleston, WV 25305 Dear Speaker Hanshaw : You have asked for an Opinion of the Attorney General on whether the Mercer County D evelopment A uthority may hold a membership interest in a limited liability company alongside a private person or entity to carry out an economic

State of West Virginia Office of the Attorney General John B. McCuskey Attorney General Phone: (304) 558 - 2021 Fax: (304) 558 - 0140 September 2 , 2026 David Cook, General Counsel West Virginia Secretary of State ’ s Office 1900 Kanawha Blvd., East Building 1, Room 157K Charleston, W . Va. 25305 Dear Mr. Cook : You have asked for an Opinion of the Attorney General concerning whether the State E lection C ommission may disqualify a candidate from the ballot under West Virginia Code § 3 - 5 - 19(a)(4) for lack of moral character. We are issuing this Opinion p

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558 - 2021 Attorney General Fax: (304) 558 - 0140 August 24, 2026 The Honorable Shawn R. Turak Ohio County Prosecuting Attorney 15 00 Chapline Street Wheeling, WV 26003 Dear Prosecut or Turak : You have asked for an Opinion of the Attorney General about whether a particular oil and gas lease is exempt from the excise tax on real property transfers . This Opinion is issued under West Virginia Code § 5 - 3 - 2, which provides that the Attorney General “may consult with and a

State of West Virginia Office of the Attorney General John B. McCuskey Attorney General Phone: (304) 558-2021 Fax: (304) 558 - 0140 August 24, 2026 Mary Elizabeth Snead Webster County Prosecuting Attorney 36 Church Street Webster Springs, WV 26288 Dear Prosecutor Snead: You have asked for an Opinion of the Attorney General about whether the Webster County Economic Development Authority may, through its bylaws, restrict the number of members serving on its board and thereby limit the number of members the Webster County Commission may appoint. This Opinion is issued under West Vi

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558 - 2021 Attorney General Fax: (304) 558 - 0140 August 19 , 202 6 The Honorable Michael W. Parker Randolph County Prosecuting Attorney 4 Randolph Avenue 2nd Floor Courthouse Annex Elkins , West Virginia 26241 Dear Prosecut or Parker : You have asked for an Opinion of the Attorney General about whether the Randolph County Commission may impose a 0.4% “Special Emergency Ambulance Service Fee” on many taxable consumer sales in the county . This Opinion is issu

State of West Virginia Office of the Attorney General John B. McCuskey Attorney General Phone: (304) 558 - 2021 Fax: (304) 558 - 0140 June 10 , 2026 Andy Neptune , Executive Director School Building Authority of West Virginia 2300 Kanawha Boulevard, East Charleston, WV 25311 Dear Executive Director Neptune: You have asked for an Opinion of the Attorney General concerning the School Building Authority ’ s ( “ SBA ” ) ability to fund public charter school facilities under West Virginia Code § 18 - 9D - 15(o). This Opinion is being issued under West Virginia Code § 5 -

State of West Virginia Office of the Attorney General John B. McCuskey Attorney General Phone: (304) 558 - 2021 Fax: (304) 558 - 0140 June 10 , 2026 The Honorable Rebecca L. Miller Hampshire County Prosecuting Attorney Hampshire County Courthouse 50 South High Street Romney, West Virginia 26757 Dear Prosecutor Miller: You previously requested an o pinion from the Attorney General regarding certain scholarship and gift - card programs. In response, this Office issued an o pinion explaining the Hampshire County Commission’s power to issue certain scholars

State of West Virginia Office of the Attorney General John B. McCuskey Attorney General Phone: (304) 558-2021 Fax: (304) 558 - 0140 April 29, 2026 The Honorable Rebecca L. Miller Hampshire County Prosecuting Attorney Hampshire County Courthouse 50 South High Street Romney, West Virginia 26757 Dear Prosecutor Miller: You have asked for an Opinion of the Attorney General about the Hampshire County Commission’s lawful scope of expenditures for educational scholarships and public participation incentives under West Virginia law. This Opinion is issued under West Virginia Code § 5-

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558-2021 Attorney General Fax: (304) 558-0140 March 17, 2026 The Honorable Christina C. Flanigan Lewis County Prosecuting Attorney 117 Court Avenue, Room 201 Weston, West Virginia 26452 Dear Prosecutor Flanigan: You requested an Opinion of the Attorney General interpreting West Virginia Code § 7-5- 4(a). Specifically, you ask whether all checks and written disbursements of money must be hand- signed when a county’s population is less than 50,000. We are issuing this opinion under West Virgi

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558 - 2021 Attorney General Fax: (304) 558 - 0140 February 19 , 2026 The Honorable Daniel M. James Morgan County Prosecuting Attorney 77 Fairfax Street, Suite 301 Berk eley Springs, West Virginia 25411 Dear Prosecut or James : You have asked for an Opinion of the Attorney General about whether Morgan County can enter into a mutual - aid agreement for reciprocal emergency medical services with a nearby, noncontiguous county, Fulton County, Pennsylvania . We are issuin

State of West Virginia Office of the Attorney General John B. McCuskey Attorney General Phone: (304) 558 - 2021 Fax: (304) 558 - 0140 February 10 , 2026 The Honorable Joseph R. Canestraro Marshall County Prosecuting Attorney Marshall County Courthouse 600 7th Street Moundsville, West Virginia 26041 Dear Prosecutor Canestraro: You have asked for an Opinion of the Attorney General about whether police may use an unmarked law enforcement vehicle without tinted windows to conduct radar enforcement and issue speeding citation s . We are issuing this Opinion under West

Frequently Asked Questions on Attorney General Opinions What are Attorney General opinions? Attorney General opinions (sometimes called opinion letters) are official, written opinions explaining how the Attorney General understands state law to apply to a given situation. They generally address situations where existing laws and regulations are unclear. They do not resolve factual disputes. Although West Virginia courts often treat them as persuasive, they are not binding. The Attorney General does not “rule” like a court. Attorney General opinions also cannot create new prov

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558 - 2021 Attorney General Fax: (304) 558 - 0140 November 25 , 202 5 The Honorable Nicole G. Campbell Greenbrier County Prosecuting Attorney 912 Court Street N, Suite 7 Lewisburg, West Virginia 24901 Dear Prosecut or Campbell : You have asked for an Opinion of the Attorney General about whether Greenbrier County can apply a local zoning ordinance to bar a proposed slaughterhouse from operating . We are issuing this Opinion under West Virginia Code § 5 - 3 - 2, which pr

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558 - 2021 Attorney General Fax: (304) 558 - 0140 Novem ber 10 , 202 5 The Honorable Robert E. Ryan Hardy County Prosecuting Attorney 2 04 Washington Street Moorefield, WV 26836 Dear Prosecut or Ryan : You have asked for an Opinion of the Attorney General about whether the Hardy County Commission can create a general community development fund in a proposed Payment In Lieu of Taxes (PILOT) agreement . This Opinion is being issued under West Virginia Code § 5 - 3 - 2,

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558 - 2021 Attorney General Fax: (304) 558 - 0140 October 27 , 202 5 The Honorable Savanah Hull Wilkins Tucker County Prosecuting Attorney 211 First Street, Suite 207 Parsons, WV 26287 Dear Prosecut or Wilkins : You have asked for an Opinion of the Attorney General about the Sheriff’s authority to obtain local businesses ’ sales records to collect Tucker County ’ s h otel o ccupancy t ax and s pecial e mergency a mbulance s ervice f ee. This Opinion is being issued

we * Neves State of West Birginia Office of the Attorney General 7 , (304) 558-2021 State Capitol, Bldg. 1, Rm E-26 John B. McCuskey Fax: (304) 558-0140 1900 Kanawha Bivd., E. Attorney General WWW.wvago.gov Charleston, WV 25305 October 27, 2025 The Honorable Mark A. Hunt West Virginia Auditor 1900 Kanawha Blvd. East, Building 1, Room W-100 Charleston, WV 25305 Dear Auditor Hunt: You requested an Opinion of the Attorney General about whether a member of the West Virginia Legislature can serve as either a contractor or an employee of a West Virginia executive agency. We are issuing this

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558 - 2021 Attorney General Fax: (304) 558 - 0140 September 4, 202 5 The Honorable Charlie B. Johnson III Mineral County Prosecuting Attorney 150 Armstrong Street Keyser, W . V a. 26726 Dear Prosecut or Johnson : You have asked for an Opinion of the Attorney General about the Mineral County Commission’s authority to require volunteer fire departments to submit to financial review as a condition of receiv ing levy funds . This Opinion is being issued under West Vir

State of West Virginia Office of the Attorney Genera] (304) 558-2021 State Capitol, Bldg. 1, Rm E-26 Fax: (304) 1900 Kanawha Blvd., E. WWW.WVago.gov Charleston, WV 25305 August 21, 2025 The Honorable Kent A. Leonhardt Commissioner of Agriculture Chairman, West Virginia State Conservation Committee 1900 Kanawha Blvd. E, Bldg. 1, Rm 28E Charleston, WV 25305 Dear Commissioner Leonhardt: Your office has asked for an Opinion of the Attorney General about the effects of Senate Bill 941, enacted during the 2025 Regular Legislative Session, on the powers, duties, and liabilities of conservatio

State of West Virginia Office of the Attorney General John B. McCuskey Attorney General Phone: (304) 558-2021 Fax: (304) 558 - 0140 August 15, 2025 The Honorable Seth Murphy Marion County Prosecuting Attorney 213 Jackson Street Fairmont, W. Va. 26554 Dear Prosecutor Murphy: Your office has asked for an Opinion of the Attorney General about the disclosure of supervision records under Rule 44.01 of the West Virginia Trial Court Rules. This Opinion is being issued under West Virginia Code Section 5-3-2, which provides that the Attorney General “may consult with and advise the sever

*aft ti tPrst Pirgittia Office of the Attorney General (304) 558-2021 State Capitol, Bldg. 1, Rm E-26 Fax: (304) 558-0140 1900 Kanawha Blvd., E. Charleston, WV 25305 www.wvago.gov August 6, 2025 The Honorable Roger Hanshaw Speaker of the House West Virginia House of Delegates State Capitol, Room M-228 Charleston, WV 25305 Dear Speaker Hanshaw: Your office has asked for an Opinion of the Attorney General about online daily fantasy sports games. This Opinion is being issued under West Virginia Code § 5-3-1, which provides that the Attorney General has the duty "to render to the ... S

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558-2021 Attorney General Fax: (304) 558-0140 July 10, 2025 The Honorable Randy Smith President of the Senate State Capitol Building 1, Room 229M 1900 Kanawha Boulevard East Charleston, WV 25305 Dear President Smith: You have asked for an Opinion of the Attorney General about the oversight of dams owned or sponsored by local conservation districts. This opinion is issued under West Virginia Code § 5- 3-1, which provides that the Attorney General will “render to the President of the Senate … a

State of West Virginia Office of the Attorney General John B . McCuskey Phone: (304) 558 - 2021 Attorney General Fax: (304) 558 - 0140 June 2 4 , 2025 The Honorable Kristina D. Raynes Putnam County Prosecuting Attorney Putnam County Prosecuting Attorney’s Office 12093 Winfield Rd., Suite 2 Winfield , WV 2 5213 Dear Prosecutor Raynes : You r office ha s asked for an Opinion of the Attorney Ge neral about whether the Putnam County Commission may exercise the power of eminent domain to acquire two sections of property bordering land own

State of West Virginia Office of the Attorney General John B. McCuskey Phone: (304) 558-2021 Attorney General Fax: (304) 558-0140 June 16, 2025 The Honorable Joseph R. Kinser Berkeley County Prosecuting Attorney 390 West South Street, Suite 1100 Martinsburg, W. Va. 25401 Dear Prosecutor Kinser: You have asked for an Opinion of the Attorney General concerning local office procedures and holiday benefits for June 19, 2025, “Juneteenth,” if Governor Morrisey does not declare the day a state holiday. We understand from public reports that Governor Morrisey will not recognize J

Office of the Attorney General State Capitol, Bldg. 1, Rm E-26 1900 Kanawha Blvd., E. Charleston, WV 25305 faft tsf John B. McCuskey Attorney General March 3, 2025 The Honorable Savannah Hill Wilkins Tucker County Prosecuting Attorney Tucker County Courthouse Annex 211 First Street, Suite 207 Parsons, WV 26287 Dear Prosecutor Wilkins: (304) 558-2021 Fax: (304) 558-0140 www.wvago.gov Your office has asked for an Opinion of the Attorney General about the ownership and ongoing maintenance of a dike or diversion wall on property that is currently legally owned by the City of Parsons. This