North Carolina § 1-51 - Five years.

§ 1-51. Five years.

Within five years - No suit, action or proceeding shall be brought or maintained against a railroad company owning or operating a railroad for damages or compensation for right-of-way or use and occupancy of any lands by the company for use of its railroad unless the action or proceeding is commenced within five years after the lands have been entered upon for the purpose of constructing the road, or within two years after it is in operation. No suit, action or proceeding shall be brought or maintained against a railroad company for damages caused by the construction of the road, or the repairs thereto, unless such suit, action or proceeding is commenced within five years after the cause of action accrues, and the jury shall assess the entire amount of damages which the party aggrieved is entitled to recover by reason of the trespass on his property. No suit, action, or proceeding shall be brought or maintained against a terrorist for damages under G.S. 1-539.2D unless such suit, action, or proceeding is commenced within five years from the date of the injury. Notwithstanding G.S. 1-52(9) or any other provision of law, no suit, action, or proceeding shall be brought or maintained against a real estate appraiser, general real estate appraiser, or appraiser trainee who is licensed, certified, or registered pursuant to Chapter 93E of the General Statutes, unless the suit, action, or proceeding is commenced within (i) five years of the date the appraisal was performed or (ii) until the applicable time period for retention of the work file for the appraisal giving rise to the action as established by the Recordkeeping Rule of the Uniform Standards of Professional Appraisal Practice has expired, whichever is greater. Against the owner of an interest in real property by a unit of local government for a violation of a land-use statute, ordinance, or permit or any other official action concerning land use carrying the effect of law. This subdivision does not limit the remedy of injunction for conditions that are actually injurious or dangerous to the public health or safety. The claim for relief accrues upon the occurrence of the earlier of any of the following: The facts constituting the violation are known to the governing body, an agent, or an employee of the unit of local government. The violation can be determined from the public record of the unit of local government. History (1893, c. 152; 1895, c. 224; 1897, c. 339; Rev., s. 394; C.S., s. 440; 2015-200, s. 1; 2015-215, s. 1.5; 2017-10, s. 2.15(a).) Local Modification. - Burke: Pub. Loc., 1925, c. 535; Caldwell: Pub. Loc., 1927, c. 119; Haywood: Pub. Loc., 1923, c. 433; McDowell: Pub. Loc., 1925, c. 535; Mitchell, Yancey: Pub. Loc., 1923, c. 433. Cross References. - As to limitation period for unknown and certain other claims against a dissolved corporation, see G.S. 55-14-07 . Civil liability for acts of terror, G.S. 1-539.2 D. Editor's Note. - Session Laws 2015-200, s. 3 provides: "This act becomes effective October 1, 2015, and applies to contracts entered into, renewed, or amended on or after that date. Nothing in this act shall be construed as being applicable to or affecting any pending litigation." Session Laws 2015-200, s. 1, added a new subdivision (3), effective October 1, 2015. Session Laws 2015-215, s. 1.5, also added a new subdivision (3), effective August 18, 2015. The subdivision enacted by Session Laws 2015-200, s. 1, has been redesignated as subdivision (4) at the direction of the Revisor of Statutes. Session Laws 2017-10, s. 2.15(c), made subdivision (5) of this section, as added by Session Laws 2017-10, s. 2.15(a), effective October 1, 2018, and applicable to actions commenced on or after that date. Effect of Amendments. - Session Laws 2015-200, s. 1, effective October 1, 2015, added subdivision (3). For applicability, see Editor's note. Session Laws 2015-215, s. 1.5, effective August 18, 2015, added subdivision (3). Session Laws 2017-10, s. 2.15(a), added subdivision (5). For effective date and applicability, see editor's note. Legal Periodicals. - For comment, "Taking Without Compensation: Measure of Permanent Damages Modified by Application of Limitation of Actions for Trespass," see 20 Wake Forest L. Rev. 671 (1984).