A BILL TO BE ENTITLED
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 10‑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 –
…

	"
SECTION 2.  G.S. 1‑52(18) reads as rewritten:
"§ 1‑52.  Three years.
Within three years an action –
…
(18)	Against any professional land surveyor as defined in G.S. 89C‑3(9) or any person acting under 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. A cause of action under this subdivision shall be deemed 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; provided that, in no event shall a cause of action commence more than 10 years from the specific last act 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 filed, arising, or pending on or after that date. For purposes of this section, 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.