§ 28-01-47 — Limitation of action for asbestos claims

North Dakota § 28-01-47

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-01: Time for Commencing Actions

Text

1. The legislative assembly finds that it is in the interest of the general public, particularly
those persons who may bring claims regarding materials containing asbestos in public

buildings and those against whom the claims may be brought, to set a specific date by
which public building owners must bring a cause of action for removal or other
abatement costs associated with the presence of asbestos in their buildings. By
enactment of this statute of limitations, the legislative assembly does not imply that
suits would otherwise be barred by an existing limitations period.
2. Notwithstanding any other law to the contrary, any action to recover costs for removal
and replacement of asbestos or materials containing asbestos from a public building;
to recover costs for other measures taken to locate, correct, or ameliorate any problem
related to asbestos in a public building; or for reimbursement for removal and
replacement, correction, or amelioration of an asbestos problem in a public building,
must be commenced prior to August 1, 1997. Any such action which would otherwise
be barred before August 1, 1997, as a result of expiration of the applicable period of
limitation, is revived or extended. An asbestos action revived or extended under this
subsection must be commenced prior to August 1, 1997.
3. For purposes of this section, "public building" means any building owned by any
county, city, township, school district, park district, or any other unit of local
government, the state or any agency, industry, institution, board, or department
thereof.