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Adoptions and Sperm Donors

April 24, 2015

This post was co-authored by Meredith Smith, Assistant Professor of Public Law and Government, UNC-CH School of Government Since our blog post, Same-Sex Marriage and Adoptions of a Minor by a Stepparent, we have received several inquiries about the role … Read more

Allocating Tax Payments

April 23, 2015

Suppose Billy Blue Devil owes $2,000 in delinquent taxes for 2012, 2013 and 2014. Billy mails the tax office a check for $500 with no note or instructions about what taxes he is paying. What should the tax office do … Read more

Donating Property: Beware of Constitutional Constraints

April 13, 2015

The old school administration building has been renovated and there is furniture and shelving that can be sold as surplus property. A board member has raised the possibility of donating them to the local arts council. She notes that G.S. … Read more

Errors in Deed Certifications

April 10, 2015

About 80 counties have the authority under G.S. 161-31 to require a tax certification before recording a deed.  In counties that have opted into this requirement, the registrar of deeds may not record a deed unless the county tax collector … Read more

Building the Record for a Quasi-Judicial Decision

April 3, 2015

“Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record” (NCGS 160A-388(e2)). Without such evidence, the decision is arbitrary and an abuse of the discretion vested in the board (Godfrey v. Zoning Board of Adjustment, … Read more

Perspective on the Separation of Powers Case

March 31, 2015

Earlier this month a panel of three superior court judges held that the General Assembly’s appointment of a majority of members to the new Oil and Gas, Mining and Coal Ash commissions violates the state constitutional provision on separation of … Read more

Delegating Local Health Director Legal Powers & Duties

March 30, 2015

It doesn’t happen every day, but it does happen regularly: a North Carolina community is affected by a public health problem that requires an urgent response. Perhaps it is an outbreak of a communicable disease, like the H1N1 pandemic that … Read more

When Board Members Won’t Talk Back

March 27, 2015

Jean Jett has been waiting all month for the regular public comment period at the city council meeting. She signed up to speak, and after waiting her turn, she stands at the podium facing the council members and says, “I … Read more

Boards of Equalization and Review, Part II

March 26, 2015

I hope you were able to join us for our recent board of equalization and review webinar that featured input from experts at the Department of Revenue and local tax offices across the state.  Counties that did not have the chance to … Read more

More on Advertising Tax Liens

March 20, 2015

It’s March, which means in addition to finalizing your NCAA bracket sheets you might also be finalizing your local government’s delinquent property tax advertisement.  These ads must be published between March 1 and June 30 in a newspaper having a … Read more

Determining Local Board of Elections Director’s Salary

March 16, 2015

A county’s board of commissioners is required to provide “reasonable and adequate funds necessary” to support the functions of the county board of elections, “including reasonable and just compensation of the director of elections.” G.S. 163-37. In Gilbert v. Guilford … Read more

County Tax Websites and Public Records Law

February 25, 2015

[UPDATE:  S.L. 2015-225 limits disclosure of law enforcement officer information but does not explicitly affect county tax websites.  My colleague Frayda Bluestein blogs about the new law here.) Most of North Carolina’s 100 counties maintain tax websites that allow users to search … Read more

Access to Records in Financial Exploitation Investigations

February 16, 2015

It will now be much easier for county social services agencies and law enforcement officials to investigate reports of suspected financial exploitation of disabled adults and older adults. The Administrative Office of the Courts just approved a new form (AOC-SP-630) … Read more

(Yet Another) Internet Sweepstakes Update

February 12, 2015

  The North Carolina General Assembly banned internet sweepstakes more than four years ago.  The North Carolina Supreme Court upheld that ban more than two years ago.  A few months later that court struck down excessive municipal privilege license taxes … Read more