Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Spring 2017, Volume 43, No. 1 - Page 17

Five Years A subdivision plat must be recorded within 180 days of the date the DRB/ZBA approves it or the applicant must start over seeking a new approval, with the possibility of a 90-day extension if the zoning adminis- trator approves and the delay is caused by pending state or local permits. 76 A contractor’s lien continues in force for 180 days from the time payment became due for the last of the labor performed or materials furnished. 77 When a person is absent and unheard from for five years, that person’s estate may be probated as if the person had died. 87 The points you accumulate for violating fish and wildlife laws or rules count only for five years from the date of conviction. 88 One Year One year is the statute of limitations for challenging towns for property taxes paid under protest, suing to recover for injuries sustained while skiing, refiling an action af- ter it was dismissed for lack of service by the officer who was to serve it or other rea- sons, challenging judgments or orders on grounds of certiorari, bringing a civil action to challenge a judgment or order when the plaintiff is a minor or otherwise lacks capac- ity to protect his or her interests, or filing against a surety on a replevin bond. 78 Two Years To qualify to run State Representative or Senator, a candidate must reside in Ver- mont for at least two years, the last year of which must be in the district for which the office is sought. 79 All elective state officers, State Repre- sentatives and Senators, and Justices of the Peace serve terms of two years. 80 Three Years Actions to recover for personal injuries or injuries to property, assault and battery, false imprisonment, or slander or libel must be filed within three years of the time the cause of action accrues. 81 The same limita- tion applies to actions to recover for ion- izing radiation injuries or from other nox- ious agents, calculated from the time the injuries are known or should have been known. 82 Claims for FELA (the Federal Em- ployers’ Liability Act) must filed in three years from the date of the accident. 83 Three years from the filing of a return is the deadline for petitioning the Commis- sioner of Taxes for a refund. 84 One Hundred and Eighty Days Six Years Six years is the basic statute of limita- tions for filing most civil complaints. 89 For actions based on childhood sexual abuse, the six years runs from the time the victim discovers the injury. 90 To enforce a note payable at a definite time, the complaint must be filed within six years after the due date. 91 When land is sold separately from the timber or the rights to timber with the underlying land, and the timber or rights are sold within six years of the sale, the gain on the timber be- comes subject to the land gains tax to be paid by the transferor. 92 Judges and Justices serve six years from the date of their initial appointment and then must be continued in office, un- less a majority of members of the Gener- al Assembly voted against continuation, al- though with interim appointments the pe- riod is shorter. 93 Eight Years Eight years is the statute of limitation for actions founded on covenants of warran- ty in a deed after a final decision against the title of the of the covenantor in such deed. 94 The end of the same period limits actions on covenants other than warranty or seisin after the cause of action accrues. 95 Actions on judgments and actions for the renewal or revival of judgments must be brought by filing a new and independent action within eight years of the rendition of the judgment. 96 Actions on specialties have to be brought within eight years after the cause of action accrues. 97 Town and region- al plans expire five years after they are ad- opted. 98 Fourteen Years Fourteen years is the limit for filing ac- tions bought on a promissory note signed in the presence of an attesting witness, af- ter the cause of action accrues. 99 Four Years Fifteen Years A candidate for Governor or Lieutenant- Governor is ineligible to be elected un- til the person has resided in Vermont four years next preceding the day of election. 85 All elective county officers and Probate Judges serve terms of four years. 86 www.vtbar.org An action for recovery of lands or their possession must be commenced within 15 years after the cause of action first ac- crues. 100 This is the rule applied for proof of adverse possession and prescriptive rights. Actions brought under a covenant of sei- THE VERMONT BAR JOURNAL • SPRING 2017 17