Imagine that you own a home, but not the land on which it sits. You’re a tenant on the land, subject to a 99-year ground lease. As a condition of the ground lease, you are permitted to sell your home … Read more

Changes in federal law rarely affect local property taxes.  An exception occurred on Veteran’s Day when President Obama signed Public Law 111-97, the Military Spouses Residency Relief Act.   This law allows spouses of active-duty military members to retain residency in … Read more

Some weeks ago I posted a blog about a mayor’s failure to sign minutes or an ordinance, noting that even when statutes clearly require such a signature (which is not the case in North Carolina), the courts have refused to … Read more

Elected officials and others are usually surprised to learn that there is no general law that prohibits board members from disclosing information obtained in a closed session. Disclosure of specific types of information is prohibited by separate statutes that make … Read more

A recurrent question is whether one governing board member may give his or her proxy to another, when the first member cannot attend a meeting, allowing the proxy holder to vote on behalf of the proxy giver.  (The proxy might … Read more

With new county commissioners, school board members, and  municipal councilpersons being sworn in after last month’s local elections, the face and voice of the client has changed for more than one local government attorney.  What happens when one of those … Read more

The Fourth Amendment to the United States Constitution provides, in part, that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall not be violated.” In the context of … Read more

The new smoking law, S.L. 2009-27, not only prohibits smoking in most bars and restaurants across the state but it also significantly expands local governments’ authority to regulate smoking. Beginning January  2, 2010, local governments may adopt and enforce ordinances, … Read more

In my last blog I said I would address the question of whether, after members-elect take office, the new board can undo things the “lame duck” board has done. This discussion includes the concept of “binding future boards,” although in … Read more

Wouldn’t it be nice if local governments, developers, and neighbors could sit together, talk through controversial large development proposals, and work to reach consensus about what would be a good project for all concerned? Wouldn’t it be nice if at … Read more

I am often asked, what animal control services MUST local governments provide?  The question may come from local officials who are in the process of evaluating their options.  Perhaps money is tight and they are considering dropping some animal control … Read more

UPDATE August 2013: For additional limitations regarding the provision of cable and broadband services by municipalities, click here. I have recently received several phone calls asking me about the statute that prohibits local governments from making a profit on operations … Read more

Update April 2010. For a more detailed review of this issue see the following article: Addressing Climate Change Locally: North Carolina Local Government Financing Programs for Private Energy Efficiency Projects. Local governments across the country are becoming increasingly involved in … Read more

The proposed rezoning makes poor planning sense.  The neighbors oppose it.  The petitioner is unpopular.  So the governing board votes down the proposal.  How may the petitioner challenge this action (or lack of action)?  If adoption of a zoning amendment … Read more

A New York Times article on Friday covered Pfizer’s announcement that it will be leaving New London, Connecticut, the city at the center of the landmark eminent domain case, Kelo v. City of New London, 545 U.S. 469 (2005). In Kelo, a 5­‑4 majority … Read more

Article VI, section 7 of the State Constitution sets out an oath of office that is to be taken by any person elected or appointed to a public office, basically swearing to uphold the constitution and laws of the United … Read more

An interesting government attorney-client privilege issue arose amidst the media hoopla surrounding former governor Mike Easley’s appearance before the state Board of Elections last month. Ruffin Poole, an attorney who served as executive counsel to then-Gov. Easley, sought to avoid testifying before the board based … Read more

May a local government or public authority that provides utility or public enterprise services disclose its customer billing information in each of the following scenarios?  (a)  A customer’s relative wants to know if the customer is delinquent on his utility payments; … Read more

You’ve just received bids on a construction project estimated (by your engineer) to cost about $2 million.  The lowest bid is for $1.5 million, and the next highest bid is $1.9 million, with the other bids ranging from $2.1 million … Read more

Article IX, section 7 of the State Constitution directs that the clear proceeds of all fines and penalties collected for “any breach of the penal laws of the State” be given to the public schools.  Cities have been avoiding this … Read more