Orange County NC Website
Browse       Search
('01.EMAN, HE1;N11OL , DicHERSON, <br /> flEHN11o1.r. (.►L1?1,1111,1. & 1IAH(,iz,wE <br /> ATTORNEYS AT LAW <br /> 110 CM:RTUN STREET <br /> 1-111.LSHOROI:GFI, N.( 27278 <br /> 9(9.732.2196 <br /> 919-942- .000 <br /> CHAPEL HILL OFFICE <br /> SUITE 20.FRANK L1N BUILDING <br /> 137 E.FRANK LIN STREET <br /> CHAPEL HILL,N.C.27514 April 10, 19 8 7 <br /> 919.929.7151 <br /> ALONZO B.COLEMAN,JR. <br /> STEVEN A.BERNHOLZ <br /> DONALD R. DICKERSON <br /> ROGER B.BERNHOLZ <br /> GEOFFREY E.GLEDHILL <br /> DOUGLAS HARGRAVE <br /> MARTIN J. BERNHOLZ <br /> RICHARD J. SNIDER.JR. <br /> G.NICHOLAS HERMAN Shirley . Marshall,J. SHANGRAW Y , Chair <br /> Moses Carey <br /> °R ` <br /> Stephen Halkiotis <br /> BONNER D D SAWYER <br /> SAWYER P <br /> (1902-1972) John Hartwell <br /> Don Willhoit <br /> Orange County Board of Commissioners <br /> 106 East Margaret Lane <br /> Hillsborough, North Carolina 27278 <br /> Re: Transfer Tax Legislation <br /> Dear Board Members: <br /> Enclosed is a draft bill for your consideration on <br /> April 15, 1987. I have already sent a copy of this <br /> bill, arbitrarily electing the per capita method of <br /> distribution, to Representative Hackney and <br /> Representative Barnes. Enclosed also is a copy of my <br /> cover letter to them. <br /> I have attempted to incorporate all of the ideas <br /> expressed by Board members during the Board's April 6, <br /> 1987 meeting. For ease of identification the things <br /> that are different from the draft of the act submitted <br /> with the April 6 agenda package are underscored. An <br /> exemption is included for transactions wherein the <br /> buyer is a nonprofit corporation. i have reservations <br /> about this exemption. Article V, Section 2 of the <br /> North Carolina Constitution provides in Subsection (1) <br /> as follows: <br /> (1) Power of Taxation. The power of <br /> taxation shall be exercised in a just and <br /> equitable manner, for public purposes only, <br /> and shall never be surrendered, suspended, or <br /> contracted away. <br /> Since the focus of this tax is on the transfer of land <br /> and since the tax is payable by the transferor, the <br /> status of the transferee seems irrelevant. The "just <br />