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Public Education, Local Authority, And Democracy: The Implied Power Of North Carolina Counties To Impose School Impact Fees, Michael F. Roessler

Campbell Law Review

This Article examines the authority of counties in North Carolina to impose fees such as those attempted in Durham and Union Counties and concludes, contrary to the decisions of the court of appeals, that counties do have the implied authority under existing law to impose such fees for the purpose of generating school construction revenue. This conclusion is reached not by a mechanistic application of rules of law, but with an application of the law that keeps in mind the aim of the North Carolina Constitution, the state's form of government, and the laws that distribute power to local governments. …