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NeCede's

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

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