Bill Summary for S 332 (2019-2020)

Summary date: 

Mar 21 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 332 (Public) Filed Thursday, March 21, 2019
AN ACT TO CLARIFY STATUTES OF LIMITATION AND REPOSE APPLICABLE TO ACTIONS BROUGHT AGAINST PROFESSIONAL LAND SURVEYORS.
Intro. by Daniel.

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Bill summary

Includes whereas clauses.

Removes the ten-year statute of repose set out in GS 1-47 for actions against registered land surveyors or any person acting under the surveyor's supervision and control for physical damage or for economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting. 

Amends GS 1-52, modifying the three-year statute of limitations for certain actions against registered land surveyors or any person acting under the surveyor's control. Now provides for the three-year statute of limitations to apply to actions against any professional land surveyor or any person acting under the surveyor's supervision or control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting. Deems the cause of action to accrue at the time of the occurrence of the last act of the defendant in the performance of the surveying or platting giving rise to the cause of action. Specifies that in no event can the cause of action commence more than 10 years from the specific last act giving rise to the cause of action (integrating the statute of repose language from GS 1-47, as repealed). Defines surveying and plotting.

Includes a severability clause. 

Provides that the act is effective when it becomes law and applies to actions filed, arising, or pending on or after that date. Clarifies that an action is pending for a plaintiff if there has been no final disposition with prejudice and mandate issued against that plaintiff issued by the highest court of competent jurisdiction where the claim was timely filed or appealed as to all the plaintiff's claims for relief to which this act otherwise applies.

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