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NC General Statutes

N.C. Gen. Stat. § 1-30 (2026)

Applicable to actions by State

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The limitations prescribed by law apply to civil actions brought in the name of the State, or for its benefit, in the same manner as to actions by or for the benefit of private parties. (C.C.P., s. 38; Code, s. 159; Rev., s. 375; C.S., s. 420.)

 

Notes of Decisions
Cited in 6 cases, 1945–2010 · leading case: Rowan Cnty. Bd. of Educ. v. United States Gypsum Co., 418 S.E.2d 648 (N.C. 1992).
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Rowan Cnty. Bd. of Educ. v. United States Gypsum Co., 418 S.E.2d 648 (N.C. 1992). · cites it 27× “First, it contends that our legislature abrogated nullum tempus in 1868 when it passed the statute now codified as N.C.G.S. § 1-30. That statute, which retains its original language unchanged, provides that “[t]he limitations prescribed by law apply to civil actions brought in…”
Rowan Cnty. Bd. of Educ. v. United States Gypsum Co., 359 S.E.2d 814 (N.C. Ct. App. 1987). · cites it 26× “Defendant contends that the North Carolina Legislature abrogated nullum tempus occurrit regi and ended the State’s immunity by enacting what is now N.C.G.S. § 1-30. In North Carolina prior to 1868 there was no statutory restraint upon the doctrine of nullum tempus occurrit regi…”
State ex rel. State Art Museum Bldg. Comm'n v. Travelers Indem. Co., 432 S.E.2d 419 (N.C. Ct. App. 1993). · cites it 16× “However, N.C.G.S. § 1-30 states that "[t]he limitations prescribed by law apply to civil actions brought in the name of the State, or for its benefit, in the same manner as to actions by or for the benefit of private parties.”
State v. West, 235 S.E.2d 150 (N.C. 1977). · cites it 2× “Notwithstanding the provisions of G.S. 1-30, which states, "The limitations prescribed by law apply to civil actions brought in the name of the State, or for its benefit, in the same manner as to actions by or for the benefit of private parties", this Court said in Raleigh v.”
Guilford Cnty. v. Hampton, 32 S.E.2d 606 (N.C. 1945). · cites it 4× “” These provisions were made applicable to actions by the State by section 159, Code of 1868, now G. S., 1-30, continuously in force from its enactment: .”
State of North Carolina Dep't of Health & Human Servs. v. Thompkins, 695 S.E.2d 133 (N.C. Ct. App. 2010). · cites it 2× “The Supreme Court has adopted a two-pronged test for use in determining whether the doctrine nullum tempus occurritt regi applies to cases in which the State was a party in order to reconcile the doctrine with N.C. Gen. Stat. § 1-30 , “which provides that limitations apply to…”
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