COMMONWEALTH of VIRGINIA Office of the Attorney General Mack R. Herring 202 North Ninth Swot ‘Artomey General Richmond, Virginia 2219 804-786-2071 Fax 804-786-1991 March 30, 2017 aie Trt James Benkabla, Esquire Augusta County Interim Attorney Post Office Box $90 Verona, Virginia 24482-0590 Dear Mr. Benkabla: am responding to your request for an official advisory opinion in accordance with § 2.2-50S of the Code of Virginia. Issue Presented You ask whether the Augusta County Courthouse,' which is located in the City of Staunton, may be relocated to a contiguous parcel of land within the city without a referendum, Background You have disclosed that the Augusta County Courthouse is located in the downtown area of the City of Staunton, Augusta County surrounds Staunton, with the two localities sharing a common border around the entire circumference of the city. The courthouse is not contiguous to any border between the city and the county. ‘On May 12, 2016, the county petitioned the circuit court for a writ of election to relocate the courthouse pursuant to § 15.2-1644 of the Code of Virginia. ‘The petition set forth several bases for the courthouse being inadequate for the administration of justice. If approved by the voters of the county, the election would have authorized removing the courthouse from the city to a particular location in the county. An order for the writ of election was entered on June 14, 2016. On November 8, 2016 the county voters rejected the writ and voted against removing the courthouse from the city to that location in the county. ‘The county must now decide whether to repair and renovate the courthouse at its present location or instead build a new courthouse on land in the city that is contiguous to the present courthouse. ‘The question you have presented is whether a referendum is required to relocate the courthouse to contiguous property in the city Applicable Law and Discussion Counties and cities in Virginia are governed by laws that sometimes differ. While relocating a city courthouse does not require approval by the voters, relocating a county courthouse does: " Use of the term “courthouse” herein shall mean only the courthouse of a circuit court.James Benkahla, B March 30, 2017 Page 2 wire Whenever a number of voters equal to at least one third of the voters of a county registered in the county on the January | preceding filing of the petition, petition the circuit court of such county, or whenever the governing body of any county by resolution duly adopted requests the circuit court for such county, for an election in such county on the question of the removal of the courthouse 10 one or more places specified in the petition or resolution, such court shall issue a writ of election... which shall fix the day of holding such election?! This statute requires voter approval for all relocations of county courthouses. It does not contain an exception for a county courthouse located in a city. ‘There is, however, an exception to the requirement of voter approval when a county courthouse is to be relocated to a contiguous property, but only if the contiguous property is in the county, stating, “(t]he relocation of a courthouse to land contiguous with its present location . . . and within the same county is not such a removal as to require authorization by the electorate.” Here, while the site you have described is contiguous to the present location of the courthouse, thus meeting one of the two requirements of this exception, iti in the city and is not “within the . . . county,” and thus it does not meet the second requirement of the exception.’ “It is firmly established that a court must accept a statute’s plain meaning when the statute is clear and unambiguous.”* Accordingly, it is my view that this statute requires voter approval to relocate the county courthouse to @ property in the city that is contiguous to the present courthouse. However, while an election by the voters would be required to relocate the courthouse to the eity site in question, the law further provides that once there has been an election for relocation of the courthouse, no other election may occur for ten years, stating, “[a}fter an election has been held in any county upon the question of the removal of its courthouse, no other such election shall be held within ten years.” Since the election for relocating the county courthouse occurred on November 8, 2016, with the voters voting against relocation to the site that was then in question, the Code of Virginia prohibits another election for ten years, even though the election would be for a different site than the one proposed in the 2016 election. Conclusion Accordingly, it is my opinion that under the present statutory framework enacted by the General Assembly, voter approval would be required to relocate the courthouse to the city site in question, and such approval may not be sought for ten years for the reasons stated. With kindest regards, [ am Very truly yours, 5 Mark. Hern Mark R. Herring Attorney General 2a, CODE ANN. § 15.2-1644 (2012) (emphasis added). » Section 15.2-1646 (2012) (emphasis added). ‘id 5 Archambault v. Roller, 254 Va. 210, 213 (1997) (citations omitted. ® Section 15.2-1655 (2012).