This book is designed as a text book covering the major issues of real estate law. Designed with both the student and practitioner in mind, the text strikes a balance between theory and practice. The author develops the foundation of North Carolina real property law and then puts theory into practice by describing numerous practical applications, from creating offer of purchase contracts to title searches. Although there are real estate texts available that concentrate exclusively on North Carolina law, they fall into two camps: theory or practice. This text balances the competing needs of students and practitioners by addressing both concerns. The text explains the theoretical bases of real property law in North Carolina and then provides practical, hands-on examples of how to apply this theoretical knowledge. For this new edition, Bevans updated and revised information throughout the text. "More than any other subject that I teach, real property is dependent on an understanding of state-specific law and practice. I feel very lucky to have Mr. Bevans' book available to us in NC. His text contains the right balance of breadth and depth for my paralegal stduents, some of whom may be heading into real estate practices, and others who need a fundamental understanding of real property for work in other areas." -- Vicki Coleman, paralegal instructor at Pitt Community College

Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.

This book reviews and explains the principal public records statutes applicable to records held by North Carolina local governments and examines the public's right of access to those records. It expands the coverage of the first edition and its cumulative supplement and also includes developments in the law since 2004. Although the book focuses on records held by local governments, state government officials also will find it useful.

This text brings together important legal studies and a wealth of materials by economists, historians, political scientists, and sociologists to illuminate the intellectual currents and social and political forces behind contemporary practices and procedures. Designed to complement any standard casebook, it will be an invaluable resource both for the required contracts course and for any upper-level contract theory course. The Foundations of Law Series offers a collection of comprehensive readings that provide an interdisciplinary perspective on a substantive legal field. Edited by scholars who have made important contributions, the readings are designed to provide an accessible introduction to the leading scholarship in a field. Accompanying notes and questions permit students to engage fully in the literature on their own, as well as to aid their understanding of material covered in classes.

This book addresses various components of development regulation, including the types of and legal authority for regulations that are used, the roles and responsibilities of those involved, the scope of city and county jurisdiction, and a wealth of detailed legal analysis. The third edition incorporates legal developments through 2019. Topics include: -Ordinance amendments, -Spot, contract, and conditional zoning, -Quasi-judicial procedures, -Special use permits and variances, -Vested rights, -Statutory and constitutional limits on regulatory authority, and -Judicial review of regulatory decisions.

"Chapter 160D of the North Carolina General Statutes is the first major recodification and modernization of city and county development regulations since 1905. The endeavor was initiated by the Zoning and Land Use Section of the N.C. Bar Association in 2013 and emanated from the section's rewrite of the city and county board of adjustments statute earlier that year. This bill summary and its many footnotes are intended to help citizens and local governments understand and navigate these changes."--Page vii.