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Public Records Law and the Tax Office

August 25, 2011

The basic concept behind North Carolina public records law is simple:  all government records are “property of the people.”  As such, they must be made available upon request for free or minimal cost unless a statute specifically exempts a particular … Read more

“Mandatory” Evacuations – Are They Really Enforceable?

August 24, 2011

As Hurricane Irene barreled toward the eastern seaboard and North Carolina’s coast, local communities and state and local officials braced for a potentially significant hit.  Hyde County declared a local state of emergency. Under its declaration it ordered a mandatory … Read more

State Funding for Municipal Road Projects: Powell Bill Funds

August 23, 2011

UPDATE September 2013: During the 2013 legislative session, the General Assembly modified the distribution of Powell Bill funds to municipalities. See S.L. 2013-183. For which of the following projects may Powell Bill funds be expended?  1. The Village of Pothole … Read more

Does the Board Have to Approve This?

August 18, 2011

A frequently asked question if there ever was one. It would be nice if the statutes that govern local government activities were consistent and clear about what specific decisions or activities require governing board approval. No such luck. But there … Read more

Local Governments and the Special Status of Bona Fide Farms

August 17, 2011

UPDATE September 2013:  In 2013 the General Assembly expanded the scope of the bona-fide-farm exemption in several respects.  S.L. 2013 – 347 amends G.S. 153A-340 to provide that exempt activity includes agricultural activity associated with a farm “and any other … Read more