SF 1415

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; reducing the limitation
period for bringing certain actions; amending
Minnesota Statutes 2004, section 541.05, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 541.05,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin six-year deleted text end new text begin four-year new text end limitation.

Except
where the Uniform Commercial Code otherwise prescribes, the
following actions shall be commenced within deleted text begin six deleted text end new text begin four new text end 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;

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

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

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2005, and applies to
causes of action arising on or after that date.
new text end