RICHMOND, VA (WWBT) - Amidst the debate over removing Confederate statues and monuments across the state, Attorney General Mark Herring issued an advisory opinion saying that localities can remove or relocate a war or veterans monument as long as there are no restrictions from local government.
Herring says there are three categories of legal restrictions that may affect the authority of a local government:
- The application of 15.2-1812 of the Code of Virginia to the particular monument.
- A number of monuments are subject to individual Acts of Assembly governing their construction and maintenance.
- Some monuments may be subject to restrictions found in instruments transferring ownership of the monument to the locality or local government entity or restrictions imposed as a result of subsequent actions of the locality.
In his interpretation of the law, Herring says localities must investigate the circumstances surrounding the monument to determine which legal restrictions may apply.
Herring's opinion does not create or change the law.
The Virginia Flaggers issued a response to Herring's opinion:
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