West Virginia AG Opinions, 2026

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