News + Insights

A Year in Review: Ward and Smith's Most Read Legal Insights in 2024

As we prepare to close out 2024, we’re taking a moment to reflect on the articles that captured the attention of our readers this year. From legal insights to practical advice, these pieces tackled critical issues w…

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

Written By Clifford P. Parson

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

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

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 Use and Zoning Basics for Community Associations

Written By Clint H. Cogburn

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…

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

Written By Clint H. Cogburn

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…

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

Written By Norman J. Leonard

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…

North Carolina Extends Certain Real Property Development Approvals

Written By Samuel B. Franck and Kristin D. Mitcham

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…

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

Written By William S. Durr and Evan M. Musselwhite

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…

They Are Taking Our Common Area!

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

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 …

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

Written By Joanne H. Badr

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?…

Real Property: More Than Meets the Eye

Written By Samuel B. Franck

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…

Focus on Military Readiness Means More Construction Work on Military Bases

Written By James W. Norment

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…

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

Written By Ryal W. Tayloe

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…

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

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…

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

Written By Lee C. Hodge

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 …

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

Written By Jason T. Strickland

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 …