2007 Minnesota Statutes

115B.11 STATUTE OF LIMITATIONS.
    Subdivision 1. Construction. For the purposes of this section, "construction" means actions
taken after the selection of remedial action such as excavation, building of structures, installation
of equipment or fixtures, and other physical actions to respond to a release or threatened release.
    Subd. 2. Action for recovery of costs. (a) An action for recovery of response costs under
section 115B.04, including recovery of costs and expenses under section 115B.17, subdivision 6,
may be commenced any time after costs and expenses have been incurred but must be commenced
no later than six years after initiation of physical on-site construction of a response action.
(b) A party prevailing in an action commenced within the time required under paragraph
(a) shall be entitled to a declaratory judgment of liability for all future reasonable and necessary
costs incurred by that party to respond to the release or threatened release, including costs and
expenses under section 115B.17, subdivision 6.
    Subd. 3. Action for damages. No person may recover damages pursuant to sections 115B.01
to 115B.15 unless the action is commenced within six years from the date when the cause of
action accrues. In determining when the cause of action accrues for an action to recover damages
for death, personal injury or disease, the court shall consider factors including the following:
(1) when the plaintiff discovered the injury or loss;
(2) whether a personal injury or disease had sufficiently manifested itself; and
(3) when the plaintiff discovered, or using due diligence should have discovered, a causal
connection between the injury, disease, or loss and the release of a hazardous substance.
    Subd. 4. Application. Subdivisions 1 to 3 apply to actions for recovery of costs commenced
on or after April 1, 1998. Response costs incurred before April 1, 1998, are recoverable in an
action commenced on or after April 1, 1998, only if physical on-site construction of the response
action was initiated not more than six years before the cost recovery action is commenced.
Notwithstanding any provision in Laws 1998, chapter 341, to the contrary, the running of the
statute of limitations imposed by subdivisions 1 to 3 with respect to cost recovery actions is
suspended until July 1, 1999. Subdivisions 1 to 3 shall not apply to any litigation pending in court
on March 31, 1998, if the statute of limitations under this chapter has been contested in the
litigation. Subdivisions 1 to 3 shall not be offered by any party as evidence of the intent, meaning,
or application of the statute of limitations under this chapter.
History: 1983 c 121 s 11; 1998 c 341 s 2,5