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New Law Modernizes Preaudit and Disbursement Processes–Part II

September 24, 2015

Effective October 1, 2015, local governments, public authorities, and school units are subject to new preaudit and disbursement processes. In S.L. 2015-246, the legislature modified G.S. 159-28 (applicable to local governments and public authorities) and G.S. 115C-441 (applicable to school … Read more

Subdivision Performance Guarantees: Legislative Changes

September 8, 2015

Piedmont County is in a bind. Several years back county officials approved a 250-home subdivision. The county approved the final plat before the developer completed all of the necessary improvements. After a few years and some lot sales, the economy … Read more

New Limitation on Animal Control Ordinances

September 3, 2015

Recently enacted legislation restricts local government authority to adopt ordinances that “regulate standards of care for farm animals.” S.L. 2015-192. This change has implications for existing animal-related ordinances, specifically those related to animal cruelty and exotic animals. Local governments will … Read more

The Candidate’s Pledge under North Carolina Law

September 2, 2015

Want to run for elective office in North Carolina—state legislature, governor, county commissioner, sheriff, or some other office?  For most offices you’ll have to run in the primary election of your party.  (A few offices—mainly city councils and school boards—are … Read more

Business Registration Programs: 10 Questions and Answers

August 28, 2015

My colleague Chris McLaughlin has blogged repeatedly about the legal impact of the General Assembly’s repeal last year of the statutory authority for most local privilege license taxes (“LPLTs”). (See his blog posts here, here, and here.) Local governments – … Read more

AOC Database is Not Subject to the Public Records Act

August 26, 2015

In 2011, LexisNexis submitted a request under the North Carolina Public Records Act (Chapter 132 of the General Statutes) to the Administrative Office of the Courts (AOC), and to the Wake County Clerk of Court for a complete copy of … Read more

Two New Property Tax Laws: Part 1

August 21, 2015

The General Assembly is still hard at work in Raleigh.  While no huge changes to property taxes have arisen yet this session, there are two new laws worth discussing.  S.L. 2015-204 creates flexibility for waiving interest on old registered motor … Read more

The Nuts and Bolts of Property Tax Bills

August 6, 2015

Tis the season for cities and counties to start mailing their 2015-2016 property tax bills. This annual event raises a very basic question: exactly what must and may be included on a property tax bill? Surprisingly, the Machinery Act provides … Read more

Trial Court Review of Closed Session Minutes

July 28, 2015

A North Carolina local school board renews its contract with a superintendent for an additional four years. Seven months later, the board meets in closed session to discuss a personnel matter. Immediately after the closed session, the superintendent resigns and … Read more

Public Health Law Update: Back-to-School Edition

July 24, 2015

UPDATE: House Bill 13, described below in the section titled Health Assessments, was enacted on August 18, 2015 (S.L. 2015-222). The legislation requires requires health assessments for all children enrolling in the state’s public schools. Under former law, only children … Read more