Errors in Deed Certifications

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 first certifies that there are no delinquent property taxes owed on the property being transferred.

I’ve blogged about the basics of the tax certification process here.  Today I focus on the most popular question I get about this process: what happens if the tax office makes a mistake and certifies a deed for registration without realizing there are delinquent taxes owed on the property?

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Origins of Legislation to Reorganize and Modernize NC Planning and Development Regulation Statutes

UPDATE:  Post updated 11/17/21 to incorporate statutory updates. The bill discussed below was not adopted in the 2015 or 2017 sessions, but a substantially similar bill was adopted in 2019.  It is S.L. 2019-111 (Part II, S. 355) and is now in effect. More details and an annotated version of the adopted legislation is online here. For a website on Chapter 160D resources, click here.

A complete reorganization and modernization of state statutes on local planning and development regulation was first introduced in the General Assembly in 2015. While not adopted until 2019, this post reviews the origins of the Chapter 160D legislation.

House Bill 548, introduced on April 2, 2015, is entitled “AN ACT TO REORGANIZE, CLARIFY, AND MODERNIZE STATUTES REGARDING LOCAL PLANNING AND DEVELOPMENT REGULATION.”  It proposes to do just that.

Where did this bill come from? How was it developed? And just what does it really do? Read more »

Building the Record for a Quasi-Judicial Decision

“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, 317 N.C. 51 (1986)). So what is the record? What evidence goes in that record? And how is the evidence obtained? This blog explores those and other questions. Read more »

Perspective on the Separation of Powers Case

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 powers. The decision, which is subject to direct appeal to the state supreme court, is the most recent litigation in a 30+ years’ tug-of-war between the governor and legislature over administrative agencies. Some perspective on that conflict, and a brief look at how the courts’ view of separation of powers has evolved in recent years, may be useful in thinking about what comes next. Read more »

Delegating Local Health Director Legal Powers & Duties

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 reached North Carolina in the spring of 2009. Or it could be an imminent threat from an environmental health hazard, like the fire that occurred at a Wake county chemical storage facility in 2006. These are dramatic examples but they represent public health issues that arise regularly, though not on a predictable schedule.

Local health directors have legal authority to take quick action to protect the public health in these scenarios. But what happens if the health director is out of town and unreachable, or present but unable to act? Can someone else exercise the health director’s powers and duties?

The short answer is yes. Almost all of the statutory duties of a North Carolina local health director may be delegated to another appropriate person. But what are those duties? To whom can they or should they be delegated? What should be documented? What are the special considerations for consolidated human services agencies? And finally, who needs to know about the health director’s delegation decisions? Read more »

When Board Members Won’t Talk Back

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 am here on behalf of the musicians in town, and we want to know why the city has stopped allowing the Friday night jam sessions in central park. We have provided you with a petition signed by 300 citizens requesting that they be reinstated and the city has provided no justification or explanation for the sudden change in policy. Are you willing to reconsider this decision?”

Silence.

The board members stare back at her and the mayor says, “Thank you Ms. Jett. We appreciate your comment. Next person please.” Jean is nonplussed. The same thing happens with the next speaker. Can the board refuse to respond to the public or even answer a simple question?

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Boards of Equalization and Review, Part II

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 convene their boards for the live webinar are strongly encouraged to watch the on-demand version which is available for purchase and viewing at your convenience here.

I’ve blogged about boards of equalization and review (“BOERs”) once before, but our webinar audience raised some interesting questions that were worthy of a new post. For even more detailed guidance about BOER procedures, you and your board should read the Department of Revenue’s recently updated BOER manual.  Read more »