HB1327 (2016) Detail

Relative to the statute of limitations for continuing violations of trespass.


\t \t\t \t\t \t\t \t \t \t\t

HB 1327 - AS INTRODUCED

 

2016 SESSION

\t16-2403

\t09/10

 

HOUSE BILL\t1327

 

AN ACT\trelative to the statute of limitations for continuing violations of trespass.

 

SPONSORS:\tRep. Brewster, Merr. 21

 

COMMITTEE:\tCriminal Justice and Public Safety

 

-----------------------------------------------------------------

 

ANALYSIS

 

\tThis bill excepts continuing violations of trespass from the 3-year statute of limitations for personal actions.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2403

\t09/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to the statute of limitations for continuing violations of trespass.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  Personal Actions; Statute  of Limitations.  Amend RSA 508:4 to read as follows:

\t508:4  Personal Actions.

\t\tI.  Except as otherwise provided by law, all personal actions, except actions for slander or libel or continuing violations of trespass, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.

\t\tII.  Personal actions for slander or libel, unless otherwise provided by law, may be brought only within 3 years of the time the cause of action accrued.

\t\tIII.  Personal actions for continuing violations of trespass may be brought within 3 years of the ending time of any of the violations.

\t2  Effective Date.  This act shall take effect January 1, 2017.