Next Wednesday, June 1st, marks the official kick-off of the Atlantic hurricane season. Even as we brace for it, we need only look to the April 16th tornados in the piedmont and coastal plain to be reminded that disasters threaten … Read more
The General Assembly recently enacted S.L. 2011-72, which authorizes certain municipalities to establish one or more municipal service districts to fund costs related to the conversion of private residential streets to public streets, subject to several prerequisites and restrictions. The … Read more
A developer purchases land located outside the city limits and plans to construct a residential development. The area is not served by city or county utility systems, but the city will agree to extend water and sewer services to the … Read more
You are interested in starting a new land use on some property you own. Since you are not sure if the zoning allows that use, you ask the town zoning administrator if it would be permitted. You get a letter … Read more
As I detailed in a previous post, North Carolina counties are authorized to establish two different types of special tax districts to fund fire services in both their unincorporated and incorporated areas (subject to certain conditions and procedural requirements, of … Read more
UPDATE February 2017: In 2013 the United States Supreme Court, in effect, declared Section 5 of the Voting Rights Act of 1965 unenforceable. Section 2 of the Act, as described below, remains a redistricting consideration, but Section 5 does not. … Read more
[Update: In 2013 the federal government issued new regulations concerning this issue. See this blog post for more details.] Remember those new federal regulations concerning the attachment and garnishment of bank accounts that contain exempt federal benefits? As I blogged earlier, the regulations took effect on … Read more
Local governments are always looking for creative ways to collect their taxes. While the pillory pictured here would be pretty darn effective, I can’t recommend it on legal or moral grounds. But plenty of more acceptable options exist beyond those … Read more
Two related chapters in the North Carolina General Statutes govern the spending of money to influence state officials. The State Government Ethics Act (G.S. Chapter 138A) sets ethical standards for the state officials themselves, and the lobbying laws (G.S. Chapter 120C) … Read more
BlueSky Town resident, Dell Linquent, has fallen on tough times. She lost her job several months ago and is having trouble keeping up with all her bills. Dell owes $44 in annual licensing fees to BlueSky for her two dogs. … Read more
One of my colleagues once said that the law of land subdivision control had to be one of the most obscure and arcane areas of the law that one could imagine. After initially taking offense (since I took some proprietary … Read more
The March, 2010 meetings of the Wake County School Board attracted lots of interest and overflow crowds. Two meetings occurred on March 23. The first was a “Committee of the Whole” (COW) meeting, held in a small meeting room in … Read more
Just like a box of chocolates, you never know what you’re going to get from the General Assembly. The current legislative session is only a couple of months old and already we’ve gotten booze-filled chocolates, an official herring festival, and maybe … Read more
Pauline Purchaser has advertised a contract and is pleased by the number of bids she’s received. When she opens the bids, much to her dismay, she discovers that all are way over budget. As Pauline regroups to figure out what … Read more
Frank Graham inherited a 600-acre wooded tract located about a half mile outside a small town in rural North Carolina. With the economy turning around he is considering moving forward with development of the tract. He has been thinking a … Read more
If you live in a North Carolina municipality (city, town, village), what services is your municipal government required to provide or what functions is it required to serve? Is your municipality required to collect your garbage? Must it establish zoning … Read more
Suppose the North Carolina General Assembly is considering a bill that would affect cities, and suppose the town council of a particular city decides to lobby against the bill. Can the council spend money from its tax resources for that … Read more
As discussed in a previous post, a North Carolina municipality may establish a special tax district that encompasses its central downtown area to raise money to fund “downtown revitalization.” See G.S. 160A-536(a)(2). The special tax district is commonly referred to … Read more
Carolina County has just awarded a contract for uPad tablet computers. Bill Goats, the purchasing officer for Carolina County, is having lunch with his friend in the public works department, Steve Jabs. Bill mentions the contract to Steve. “My daughter … Read more
[Update: In 2013 the federal government issued new regulations concerning this issue. See this blog post for more details.] Bank accounts are prime targets for tax collectors thanks to the quick and easy attachment procedures in the Machinery Act that are … Read more