1. Except as provided in section 614.8, a claim or suit otherwise permitted under this chapter shall be forever barred, unless within two years after the claim accrued, the claim is made in writing and filed with the director of the department of management under this chapter. The time to begin a suit under this chapter shall be extended for a period of six months from the date of mailing of notice to the claimant by the attorney general as to the final disposition of the claim or from the date of withdrawal of the claim under section 669.5, if the time to begin suit would otherwise expire before the end of the period.
2. If a claim is made or filed under any other law of this state and a determination is made by a state agency or court that this chapter provides the exclusive remedy for the claim, the two-year period authorized in subsection 1 to make a claim and to begin a suit under this chapter shall be extended for a period of six months from the date of the court order making such determination or the date of mailing of notice to the claimant of such determination by a state agency, if the time to make the claim and to begin the suit under this chapter would otherwise expire before the end of the two-year period. The time to begin a suit under this chapter may be further extended as provided in subsection 1.
3. This section is the only statute of limitations applicable to claims as defined in this chapter. [C66, 71, 73, 75, 77, 79, 81, §25A.13] C93, §669.13 2006 Acts, ch 1185, §108; 2007 Acts, ch 110, §4, 6 Referred to in §668.10 \n
Notes of Decisions
Paula Segura & Ricardo Segura v. State of Iowa, 889 N.W.2d 215 (Iowa 2017).
· cites it 4× “Iowa Code § 669.13 (1). Thus, the Code only requires the person filing the claim to file it in writing with the department of management within a specified time.”
Joshua Venckus v. City of Iowa City, 930 N.W.2d 792 (Iowa 2019).
· cites it 2× “Venckus notes constitutional claims against the state must be asserted within two years of the date the claim accrues, see Iowa Code § 669.13 (1), whereas, under section 670.”
Terri Rivera v. Woodward Resource Ctr. & State of Iowa, 830 N.W.2d 724 (Iowa 2013).
· cites it 4× “Iowa Code § 669.13 (1). Importantly, the statute also contains a savings clause for those instances when a claim was not originally pursued as a tort against the state under the Act, but was pursued outside the Act, and a state agency or court in that proceeding determined the…”
Robinson v. State, 687 N.W.2d 591 (Iowa 2004).
· cites it 3× “Iowa Code § 669.13 (emphasis added). Robinson resisted the motion on two grounds: (1) The State’s mailing of the notice of denial to the plaintiffs lawyers, instead of Robinson personally, did not comply with the statute and therefore did not commence the six-month period of…”
K & W Elec., Inc. v. State, 712 N.W.2d 107 (Iowa 2006).
“Therefore, the information in the Rust report must be imputed to K & W to determine whether it discovered its claim for inverse condemnation more than five years prior to filing this suit.”
Nixon v. State, 704 N.W.2d 643 (Iowa 2005).
· cites it 2× “The Act states: Every claim and suit permitted under this chapter shall be forever barred, unless within two years after such claim accrued, the claim is made in writing to the state appeal board under this chapter.”
Vachon v. State, 514 N.W.2d 442 (Iowa 1994).
“” Iowa Code § 669.13 . The State Tort Claims Act permits parties to bring claims for monetary damages “on account of personal injury .”
Waterman v. Nashua-Plainfield Cmty. Sch. Dist., 446 F. Supp. 2d 1018 (N.D. Iowa 2006).
“2d 643, 646 (Iowa 2005) (applying same accrual rule to two-year statute of limitations in Iowa Code § 669.13 ). ' [10] From the face of the Complaint, it is clear that Waterman’s § 1983 causes of action accrued on February 28, 2002, when Nashua’s Superintendent informed Waterman…”
Univ. of Texas Sw. Med. Ctr. v. Loutzenhiser, 140 S.W.3d 351 (Tex. 2004).
· cites it 2× “2d 542, 549 (2003) (holding that the failure to comply with the claims procedure deprives the court of subject matter jurisdiction); Iowa Iowa Code § 669.13 (stating that "[e]very claim and suit permitted under this chapter shall be forever barred, unless" the claimant…”
K & W Elec., Inc. Vs. State Of Iowa, 712 N.W.2d 107 (Iowa 2006).
“Therefore, the information in the Rust report must be imputed to K & W to determine whether it discovered its claim for inverse condemnation more than five years prior to filing this suit.”
— Iowa Code § 669.13(1) — 1 case
Sara Montague, individually, & as parent & next friend of C.M., a minor, & as the duly authorized Rep. of the Est. of Robert McFarland v. Beth Skinner, William Sperfslage, Samantha Tucker-Sieberg, Sarah Holder, Daniel Clark, Jeremy Larson, Michael Heinricy, Chad Kerker, Scott Eschen, Brian Tracy, Robert Hartig, Josh Baal, Tracy Dietsch, Jeremy Burds, Jon Day, Lucas Fowler (Iowa 2026).
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