GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
SESSION LAW 2019-164
SENATE BILL 332
AN ACT TO CLARIFY STATUTES OF LIMITATION AND REPOSE APPLICABLE TO ACTIONS BROUGHT AGAINST professional LAND SURVEYORS.
Whereas, the General Assembly has provided through the enactment of G.S. 1‑47(6) and G.S. 1‑52(18) two limitations periods for actions brought against a registered land surveyor as defined in G.S. 89C‑3(9) or a 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; and
Whereas, it was the intent of the General Assembly to establish a 3‑year statute of limitation under G.S. 1‑52(18) and a 10‑year statute of repose under G.S. 1‑47(6) for such actions; and
Whereas, the North Carolina courts have held that the limitations period under G.S. 1‑47(6) is more specific and provides a longer period of time than the limitations period under G.S. 1‑52(18); and, consequently, that the 10‑year limitation under G.S. 1‑47(6) applies to the exclusion of the 3‑year limitation under G.S. 1‑52(18); and
Whereas, such ruling by the North Carolina courts have rendered the 3‑year limitation under G.S. 1‑52(18) a nullity, contrary to the intent of the General Assembly; and
Whereas, the General Assembly wishes to amend the provisions of G.S. 1‑47 and G.S. 1‑52 to establish a 3‑year statute of limitation and 7‑year statute of repose for such causes of action; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1‑47 reads as rewritten:
"§ 1‑47. Ten years.
Within ten years an action –
…
(6) a. Against any registered land
surveyor as defined in G.S. 89C‑3(9) or any person acting under his
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,
within 10 years after the last act or omission giving rise to the cause of
action.
b. For purposes of this subdivision,
"surveying and platting" means boundary surveys, topographical
surveys, surveys of property lines, and any other measurement or surveying of
real property and the consequent graphic representation thereof.
c. The limitation prescribed by this subdivision
shall apply to the exclusion of G.S. 1‑15(c) and G.S. 1‑52(16)."
SECTION 2. G.S. 1‑52(18) reads as rewritten:
"§ 1‑52. Three years.
Within three years an action –
…
(18) Against any registered professional
land surveyor as defined in G.S. 89C‑3(9) or any person acting
under his the surveyor's supervision and control for physical
damage or economic or monetary loss due to negligence or a deficiency in the
performance of surveying or platting as defined in G.S. 1‑47(6).platting.
A cause of action for physical damage under this subdivision shall be deemed to
accrue at the time of the occurrence of the physical damage giving rise to the
cause of action. All actions under this subdivision shall commence within seven
years from the specific last act or omission of the professional land surveyor
or any person acting under the surveyor's supervision and control giving rise
to the cause of action. For purposes of this subdivision, "surveying and
platting" means boundary surveys, topographical surveys, surveys of
property lines, and any other measurement or surveying of real property and the
consequent graphic representation thereof."
SECTION 3. If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part declared to be unconstitutional or invalid.
SECTION 4. This act is effective when it becomes law and applies to actions arising on or after that date.
In the General Assembly read three times and ratified this the 16th day of July, 2019.
s/ Ralph E. Hise
Presiding Officer of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 12:02 p.m. this 26th day of July, 2019