Posts Tagged ‘public purpose’

American Rescue Plan Act of 2021: Local Government Authority to Expend their Allocations

Monday, April 5th, 2021

UPDATED June 29, 2021: For updated information on ARP Funds, see here and here. UPDATED May 13, 2021: The US Treasury issued its Interim Final Rule on allowable ARP fund expenditures. A link to that guidance and discussion of some of the highlights are available here. UPDATED May 11, 2021: Counties and entitlement municipalities (over […]

Governmental Immunity for Activities Designated by Statute as Governmental Functions?

Tuesday, December 2nd, 2014

The doctrine of governmental immunity shields cities and counties from financial liability for tort claims arising from the performance of governmental functions. (A “tort” is wrongful conduct, such as negligence or assault, for which a victim may be able to recover money damages in a lawsuit.) When tort claims stem from proprietary functions, however, the […]

Is Interstate Competition Required for Economic Development Incentives?

Tuesday, March 15th, 2011

A company’s sole facility has been located in North Carolina for the past decade, but the company recently decided to move its facility to a new location in order to expand its operations. It has three choices: (1) move to an available facility in the same county in which it is currently located, (2) move to an available facility in […]

Public Hearings for Economic Development Incentives: An Unwritten Rule?

Wednesday, August 26th, 2009

North Carolina local governments frequently use cash grants as an economic development incentive to lure businesses into their respective jurisdictions. The grants are authorized under the Local Development Act, G.S. 158-7.1 et seq., but a quick read of the statutes might obscure the need for a public hearing prior to approving such incentives. To understand […]