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SF 1886

as introduced - 89th Legislature (2015 - 2016) Posted on 03/20/2015 09:06am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to civil actions; reducing the limitation period for bringing certain
actions; amending Minnesota Statutes 2014, section 541.05, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 541.05, subdivision 1, is amended to read:


Subdivision 1.

Six-year Three-year limitation.

(a) Except as provided in paragraph
(b) and
where the Uniform Commercial Code otherwise prescribes, the following actions
shall be commenced within six three years:

(1) upon a contract or other obligation, express or implied, as to which no other
limitation is expressly prescribed;

(2) upon a liability created by statute, other than those arising upon a penalty or
forfeiture or where a shorter period is provided by section 541.07;

(3) for a trespass upon real estate;

(4) for taking, detaining, or injuring personal property, including actions for the
specific recovery thereof;

(5) for criminal conversation, or for any other injury to the person or rights of
another, not arising on contract, and not hereinafter enumerated;

(6) for relief on the ground of fraud, in which case the cause of action shall not be
deemed to have accrued until the discovery by the aggrieved party of the facts constituting
the fraud;

(7) to enforce a trust or compel a trustee to account, where the trustee has neglected to
discharge the trust, or claims to have fully performed it, or has repudiated the trust relation;

(8) against sureties upon the official bond of any public officer, whether of the
state or of any county, town, school district, or a municipality therein; in which case
the limitation shall not begin to run until the term of such officer for which the bond
was given shall have expired; or

(9) for damages caused by a dam, used for commercial purposes; or.

(10) (b) An action for assault, battery, false imprisonment, or other tort resulting in
personal injury, shall be commenced within six years if the conduct that gives rise to the
cause of action also constitutes domestic abuse as defined in section 518B.01.

Sec. 2. EFFECTIVE DATE.

Section 1 is effective August 1, 2015, and applies to causes of action accruing
on or after that date.