News + Insights

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What Landowners Need to Know About Solar Farm Leases in North Carolina

Written By Clifford P. Parson

July 2, 2024

In 2007, the North Carolina General Assembly established the Renewable Energy Efficiency Portfolio Standards ("Standards"), which required that all investor-owned utilities in the state obtain 12.5% of their energy needs f…

Navigating Easement Disputes in North Carolina

Written By Ryal W. Tayloe and Luke C. Tompkins

May 17, 2024

An easement is a right to make some specific use of land owned by another. Because easements involve the easement owner using land owned by someone else and because it is human nature to value and protect property, it is …

Community Association Building Blocks: Community Drainage and Flooding and Architectural Control Parameters

Written By Eric J. Remington and Amy P. Wang

February 4, 2022

Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events. How communities deal with these problems was the focus of Ward and Smith's lat…

Land plot in aerial view for development

Land Use and Zoning Basics for Community Associations

Written By Clint H. Cogburn

January 28, 2022

Recently, I detailed a variety of land use laws and land use regulations pertinent to community associations and community association managers. The webinar, which is part of Ward and Smith’s Community Association B…

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Short-Term Rentals Regulations: Not Always a Day at the Beach for Municipalities

Written By Clint H. Cogburn

March 3, 2021

The explosion of short-term rental properties through North Carolina – from mountain cities to coastal destinations, and cities and towns in between – has resulted in increased scrutiny and regulation by munici…

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Wave Goodbye to the Waiver Defense in Some Landlord/Tenant Disputes

Written By Norman J. Leonard

July 17, 2020

On May 1, 2020, in Winston Affordable Housing, LLC v. Roberts, the North Carolina Supreme Court clarified the law surrounding a landlord's acceptance of rent after issuing a non-renewal notice because of the tenant's breac…

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North Carolina Extends Certain Real Property Development Approvals

Written By Samuel B. Franck and Kristin D. Mitcham

May 8, 2020

This week the General Assembly of North Carolina provided some relief to developers with active development approvals. Pursuant to Senate Bill 704, signed into law on May 4, 2020 (the "Act"), the expiration of those…

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NC Anti-Indemnity Statute Update, New Changes Now in Effect

Written By William S. Durr and Evan M. Musselwhite

August 7, 2019

On July 8, 2019, Governor Roy Cooper signed into law HB 871, significantly altering North Carolina's anti-indemnity statute, N.C. Gen. Stat § 22B-1 ("Anti-Indemnity Statute"), particularly as it relates to indemnity a…

Red and White surveyor's equipment set up on a construction site

They Are Taking Our Common Area!

Written By Ryal W. Tayloe and Allen N. Trask, III

February 8, 2019

The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a utility company, to take private property for a public purpose. The …

Magnifying glass focusing on houses cut out of paper

Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse

Written By Joanne H. Badr

July 25, 2018

Your business has taken off, and you've been searching for that perfect 7,500 square foot building on an acre of land close to town, with parking and a view, and you've finally found it. Mission accomplished, right?…

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Real Property: More Than Meets the Eye

Written By Samuel B. Franck

May 30, 2018

Each parcel of real property is a unique asset. It is typically well understood that location is paramount, and that size, elevation, and other physical characteristics are other important factors. Nonetheless, ther…

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Focus on Military Readiness Means More Construction Work on Military Bases

Written By James W. Norment

April 25, 2018

The United States military is the most powerful warfighting force in world history. But Secretary of Defense Jim Mattis made a stark observation in the 2017 National Defense Strategy: Without sustained and predictable in…

A large construction caution sign for drivers prominently displayed on a construction site

NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?

Written By Ryal W. Tayloe

January 15, 2018

When the North Carolina Department of Transportation ("DOT") exercises its power of eminent domain, in addition to taking private property in fee simple, it will often take various easements, including Permanent Utility Ea…

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TAKEN! Historic Eminent Domain Decision: NCDOT Must Pay When it Files a Transportation Corridor Protection Map

Written By Ryal W. Tayloe and Jeremy M. Wilson

June 16, 2016

On June 10, 2016 the North Carolina Supreme Court affirmed the decision of the North Carolina Court of Appeals in the case of Kirby v. North Carolina Department of Transportation. The North Carolina Supreme Court unanimou…

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Real Estate Developers - Proper Planning is Key to Maximizing The After-Tax Return on a Development Project

Written By Lee C. Hodge

August 18, 2015

Before starting a new development project, residential and commercial real estate developers should focus on properly structuring the acquisition and development of the property to minimize taxes. Proper planning on …

Newly constructed house frame with red trash bin in front

Supreme Court of North Carolina Recognizes Compensable Right in Approved Subdivision Development Plan

Written By Jason T. Strickland

June 25, 2015

Introduction The power of eminent domain, or "condemnation," is the power of the government and certain regulated public utilities to take private property for public use. Constitutional protections require …

Resolving Your Property Zoning Problems

Written By Eric J. Remington

November 12, 2014

What do you do when you've found the perfect location for your business or project, but you discover that it's not properly zoned for what you want to do or your use of the property is limited by local zoning ordinances? …

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What Landowners Need to Know About Solar Farm Leases in North Carolina

Navigating Easement Disputes in North Carolina

Community Association Building Blocks: Community Drainage and Flooding and Architectural Control Parameters

Land Use and Zoning Basics for Community Associations

Short-Term Rentals Regulations: Not Always a Day at the Beach for Municipalities

Wave Goodbye to the Waiver Defense in Some Landlord/Tenant Disputes

North Carolina Extends Certain Real Property Development Approvals

NC Anti-Indemnity Statute Update, New Changes Now in Effect

They Are Taking Our Common Area!

Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse

Real Property: More Than Meets the Eye

Focus on Military Readiness Means More Construction Work on Military Bases

NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?

TAKEN! Historic Eminent Domain Decision: NCDOT Must Pay When it Files a Transportation Corridor Protection Map

Real Estate Developers - Proper Planning is Key to Maximizing The After-Tax Return on a Development Project

Supreme Court of North Carolina Recognizes Compensable Right in Approved Subdivision Development Plan

Resolving Your Property Zoning Problems

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