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2025 Op. W. Va. Att'y Gen. 1 (2025)

handle is hein.sag/sagwv0068 and id is 1 raw text is: ,itate of XrThsqt Office of the Attorney General John B. MeCuskey (304) 558-2021 State Capitol, Bldg. 1, Rm E-26 Fax: (304) 558-0140 1900 Kanawha Blvd., E. Attorney General www.wvago.gov Charleston, WV 25305 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: 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 Opinion is being issued under West Virginia Code § 5-3-2, which provides that the Attorney General may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office. When this Opinion relies on facts, it depends solely on the factual assertions in your correspondence with the Office of the Attorney General. You explain that the Tucker County Commission was a sponsor for several different projects following a severe flood in 1985, including a dike that is currently owned by the City of Parsons. With the Commission serving as a sponsor, the City contacted the U.S. Soil Conservation Service, now known as the U.S. Natural Resources Conservation Service (NRCS), to obtain funding for dike repairs through the Emergency Watershed Protection (EWP) program. Most recently, the Commission served as a sponsor to secure additional funding in August 2014 to repair damage to the dike. Citing a federal regulation, the Prosecuting Attorney at that time concluded that the County Commission was deemed the owner of the dike because the Commission had served as the sponsor for the project. The dike is once again in need of repairs, and the City of Parsons is insisting that the Tucker County Commission be responsible for these repairs. With these facts in mind, your letter raises the following questions: