Limitation on N.M.I. Const. art. XII Actions

2 CMC § 4991 — under Actions Concerning N.M.I. Const. art. XII.

2 CMC § 4991

TITLE 2: NATURAL RESOURCES

DIVISION 4: LAND RESOURCES

§ 4991. Limitation on N.M.I. Const. art. XII Actions. (a) Notwithstanding any other provision of law, no action for the recovery of real property, or of any interest in real property, brought pursuant to N.M.I. Const. art. XII, shall be allowed or maintained unless it appears that the plaintiff, or his ancestor, grantor, or other predecessor in title, was seized or possessed of the property, or of the interest in property which he seeks to reclaim, within six years before the commencement of the action. (b) Except for an extension of time by fraudulent concealment as set forth at 7 CMC § 2509, the time prescribed in this section for bringing an action is absolute, and applies notwithstanding any disability or lack of knowledge on the part of the plaintiff or any other person, or absence from the Commonwealth of the Northern Mariana Islands of the plaintiff, or of any other person, and notwithstanding any other provisions of law, including any provision for tolling a statute of limitation; excepting that, for six months after October 29, 1993, the time limit prescribed in this section shall be subject to the “grace period” exception outlined in 2 CMC § 4992. (c) Nothing in this section shall extend the time for bringing an action, or revive any right of action or interest in real property that would otherwise be expired or unenforceable. (d) The provisions of this section shall apply to every action that may be brought pursuant to N.M.I. Const. art. XII for the recovery of land or of an interest in land, whether the cause of action accrued before or after October 29, 1993, excepting only: (1) Actions brought within the “grace period” set forth in 2 CMC § 4992, and (2) Actions brought by the Commonwealth government. The Commonwealth government shall not be affected by this statute of limitations. Source: PL 8-32, § 5 (§ 4931), modified.