North Carolina § 1-54 - One year.

§ 1-54. One year.

Within one year an action or proceeding - Repealed by Session Laws 1975, c. 252, s. 5. Upon a statute, for a penalty or forfeiture, where the action is given to the State alone, or in whole or in part to the party aggrieved, or to a common informer, except where the statute imposing it prescribes a different limitation. For libel and slander. Against a public officer, for the escape of a prisoner arrested or imprisoned on civil process. For the year's allowance of a surviving spouse or children. For a deficiency judgment on any debt, promissory note, bond or other evidence of indebtedness after the foreclosure of a mortgage or deed of trust on real estate securing such debt, promissory note, bond or other evidence of indebtedness, which period of limitation above prescribed commences with the date of the delivery of the deed pursuant to the foreclosure sale: Provided, however, that if an action on the debt, note, bond or other evidence of indebtedness secured would be earlier barred by the expiration of the remainder of any other period of limitation prescribed by this subchapter, that limitation shall govern. Repealed by Session Laws 1971, c. 939, s. 2. For recovery of damages under Article 1A of Chapter 18B of the General Statutes. As provided in G.S. 105-377, to contest the validity of title to real property acquired in any tax foreclosure action or to reopen or set aside the judgment in any tax foreclosure action. As provided in Article 14 of Chapter 126 of the General Statutes, entitled "Protection for Reporting Improper Government Activities". Actions contesting the validity of any zoning or unified development ordinance or any provision thereof adopted under Chapter 160D of the General Statutes or other applicable law, other than an ordinance adopting or amending a zoning map. Such an action accrues when the party bringing such action first has standing to challenge the ordinance; provided that, a challenge to an ordinance on the basis of an alleged defect in the adoption process shall be brought within three years after the adoption of the ordinance. No suit, action, or proceeding under G.S. 14-190.5A(g) shall be brought or maintained against any person unless such suit, action, or proceeding is commenced within one year after the initial discovery of the disclosure, but in no event may the action be commenced more than seven years from the most recent disclosure of the private image. Repealed by Session Laws 2017-4, s. 1, effective March 30, 2017. History (C.C.P., s. 35; Code, s. 156; 1885, c. 96; Rev., s. 397; C.S., s. 443; 1933, c. 529, s. 1; 1951, c. 837, s. 2; 1965, c. 9; 1969, c. 1001, s. 2; 1971, c. 12; c. 939, s. 2; 1975, c. 252, s. 5; 1977, c. 886, s. 3; 1983, c. 435, s. 38; 1989, c. 236, s. 4; 2001-175, s. 1; 2011-384, s. 1; 2015-250, s. 1.1; 2016-99, s. 2; 2017-4, s. 1; 2019-111, s. 2.5(a); 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) Cross References. - For present limitation as to claims for loss covered by insurance policies subject to three-year limitation in lines 158 through 161 of North Carolina Standard Fire Insurance Policy, see G.S. 1-52(12) . For present limitation on action against a public officer for trespass under color of office, see G.S. 1-52(13) . As to widow's year's allowance and application therefor, see G.S. 30-15 . Editor's Note. - Session Laws 2015-250, s. 3, effective December 1, 2015, made subdivision (11) applicable to offenses committed on or after that date and to actions initiated on or after that date. Session Laws 2017-4, s. 3, provides: "No local government in this State may enact or amend an ordinance regulating private employment practices or regulating public accommodations." Section 3 of this act expires on December 1, 2020. Session Laws 2019-111, s. 3.2, as amended by Session Laws 2020-3, s. 4.33(a), made the amendment of subdivision (10) by Session Laws 2019-111, s. 2.5(a), effective August 1, 2021, and applicable to local government development regulation decisions made on or after that date, and further provided that: "Part II of this act clarifies and restates the intent of existing law and applies to ordinances adopted before, on, and after the effective date." Session Laws 2020-25, s. 51(a), (b), and (d), effective June 19, 2020, repealed Session Laws 2019-111, s. 3.2, and Session Laws 2020-3, s. 4.33(a), and provides: "Part II of S.L. 2019-111 [which amended this section] is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act [June 19, 2020] and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of: "(1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or "(2) July 1, 2021." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2011-384, s. 1, effective July 1, 2011, added subdivision (10). For effective date and applicability, see editor's note. Session Laws 2011-384, s. 2, rewrote the first sentence and added the second sentence. Session Laws 2015-250, s. 1.1, effective December 1, 2015, added subdivision (11). For applicability, see editor's note. Session Laws 2016-99, s. 2, effective July 18, 2016, added subdivision (12). Session Laws 2017-4, s. 1, effective March 30, 2017, repealed subdivision (12), which formerly read: "For wrongful discharge in violation of the public policy set forth in G.S. 143-422.2 ." Session Laws 2019-111, s. 2.5(a), in subdivision (10), in the first sentence, substituted "Chapter 160D" for "Part 3 of Article 18 of Chapter 153A or Part 3 of Article 19 of Chapter 160A " near the middle, and substituted "zoning map" for "zoning map or approving a special use, conditional use, or conditional zoning district rezoning request" at the end. For effective date and applicability, see Editor's note. Legal Periodicals. - For survey of 1979 commercial law, see 58 N.C.L. Rev. 1290 (1980). For survey of 1980 law on civil procedure, see 59 N.C.L. Rev. 1053 (1981).