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SF 373

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 06/05/2012 02:47pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to civil actions; reducing the limitation period for bringing certain
actions; amending Minnesota Statutes 2010, section 541.05, subdivision 1.


Section 1.

Minnesota Statutes 2010, section 541.05, subdivision 1, is amended to read:

Subdivision 1.

deleted text beginSix-yeardeleted text endnew text begin Four-yearnew text end limitationnew text begin; exceptionsnew text end.

new text begin(a) new text endExcept new text beginas provided
in paragraph (b) and
new text endwhere the Uniform Commercial Code otherwise prescribes, the
following actions shall be commenced within deleted text beginsixdeleted text endnew text begin fournew 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;new text begin or
new text end

(9) for damages caused by a dam, used for commercial purposesdeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (10)deleted text end new text begin(b) An action new text endfor assault, battery, false imprisonment, or other tort resulting in
personal injurydeleted text begin,deleted text end new text beginshall be commenced within six years new text endif the conduct that gives rise to the
cause of action also constitutes domestic abuse as defined in section 518B.01.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to causes
of action accruing on or after that date.
new text end