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2011 Annual Report - Virginia Attorney General

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xxxvi<br />

<strong>2011</strong> REPORT OF THE ATTORNEY GENERAL<br />

elimination of public nuisances exist on the property. Lastly, this amendment shifts<br />

the burden to the condemnor to prove that the use is public.<br />

Additionally, the Office of the <strong>Attorney</strong> <strong>General</strong> led the efforts to improve<br />

current eminent domain statutes. This measure requires condemnors of property to<br />

provide all appraisals obtained prior to making an offer to owners of condemned<br />

property. This measure additionally strengthened the opportunity of landowners to<br />

buy back property that was taken for a public use but was subsequently not needed for<br />

a public use project.<br />

This Office also worked closely with legislators and others to address various<br />

measures to protect seniors and the disabled from abuse and neglect. The Office of<br />

the <strong>Attorney</strong> <strong>General</strong> led the efforts to permit this Office to investigate complaints of<br />

abuse of person in the care of others who receive payments for medical assistance<br />

under the state plan for medical assistance, regardless if the patient is the actual<br />

recipient of those funds. Another successful legislative effort was aimed at protecting<br />

tax dollars used by Medicaid. This measure requires the court to order restitution to<br />

be made to the Department of Medical Assistance Services for any loss caused by a<br />

felony conviction of making a false statement or representation in application for<br />

payment under Medicaid.<br />

The Office of the <strong>Attorney</strong> <strong>General</strong> was also proud to be part of the bipartisan<br />

effort to improve veteran services in <strong>Virginia</strong>. This office assisted in various new<br />

benefit programs for <strong>Virginia</strong> veterans, including in-state tuition for spouses of<br />

service members and veterans, a special hunting permit for partially disabled<br />

veterans, consideration of military experiences for licensure or certification with the<br />

Board of Medicine and Board of Nursing, and improvements to the staff-to-veteran<br />

ratio at the <strong>Virginia</strong> Department of Veteran Services. Additionally, we proudly<br />

supported the creation of the cabinet level Secretary of Veterans Affairs and<br />

Homeland Security. It is important to the Office of the <strong>Attorney</strong> <strong>General</strong> that <strong>Virginia</strong><br />

is the veteran friendly.<br />

Finally, this Office was proud to work with the <strong>General</strong> Assembly on numerous<br />

initiatives to improve the safety of <strong>Virginia</strong>ns. One such law continued and expanded<br />

the Address Confidentiality Program to all jurisdictions in the Commonwealth. This<br />

program allows victims of domestic violence added protection to themselves and<br />

children. Another law improves the protective order statutes by expanding the criteria<br />

by which non-family or non-household members can petition for a protective order<br />

and allows that any person who has been subjected to an act of violence, force, or<br />

threat can petition a district or circuit court for a protective order. Further, this office<br />

worked with bipartisan support on a bill that would provide minimum standards for<br />

facilities in which five or more first trimester abortions are performed per month.<br />

This bill further required the Board of Health to promulgate regulations containing<br />

these standards.<br />

OPINIONS SECTION<br />

The Opinions Section processes and manages requests made pursuant to § 2.2-<br />

505 for official opinions of the <strong>Attorney</strong> <strong>General</strong> as well as conflict of interests<br />

opinions for state government officers and employees and members of the <strong>General</strong><br />

Assembly. The Section also handles confidential informal opinions that are issued by

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