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Authors

Thomas R. Young

Abstract

Given the courts' and legislature's desire to maintain the doctrine of nullum tempus, the need for guiding principles of application is great. This article seeks to piece together the disparate guiding principles the courts have articulated regarding the nullum tempus doctrine from its initial introduction in North Carolina to the present time. Secondarily, the article will explore the case for modification of the current interpretation of the doctrine so as to provide a more uniform and consistent application to governmental actions. In so doing, an inquiry will be made into the approach other jurisdictions upholding nullum tempus take toward applying the doctrine. Finally, the article will explore the implications of abolishing the doctrine altogether, weighing the competing advantages and disadvantages of disgorging a doctrine which has for so long been a component of North Carolina law.

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