Maxim 12.9.20
Lapse of time does not bar the commonwealth.
Source: The State v. Purcell, 16 Tex. 305; Weisman, 100f
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Statutes of limitation do not run against the sovereign — the state's claims are not barred by delay, because public rights belong to the whole people and cannot be forfeited by the negligence of officers.
Where this applies
- A state discovers that a road was illegally built across public land fifty years ago — the state's claim to reclaim the land is not barred by the passage of time.
- The government brings a fraud case against a contractor twenty years after the fraud occurred — the statute of limitations does not run against the commonwealth.
- A city finds that a developer encroached on public parkland decades ago — the city can still demand removal because lapse of time does not bar the public's rights.
Legal domains
Cite this maxim
NeCede Max. 12.9.20 — Lapse of time does not bar the commonwealth. — The State v. Purcell, 16 Tex. 305; Weisman, 100f
Found an error? Suggest a correction →