60-521.
Limitations applicable to public bodies.
As to any cause of action accruing to the state, any political subdivision, or any other public body, which cause of action arises out of any proprietary function or activity, the limitations prescribed in this article shall apply to actions brought in the name or for the benefit of such public body in the same manner as to actions by private parties, except in (1) actions for the recovery of real property or any interest therein, or (2) actions to recover from any former officer or employee for his or her own wrongdoing or default in the performance of his or her duties.
History:
L. 1963, ch. 303, 60-521; January 1, 1964.
Notes of Decisions
Kansas Pub. Employees Ret. Sys. v. Reimer & Koger Assocs., Inc., 941 P.2d 1321 (Kan. 1997).
· cites it 20× “Rather, the trial court was asked to decide whether KPERS’s claims arose out of a proprietary function so that the general statute of limitations would apply pursuant to K.S.A. 60-521. Further, the court also considered tire applicability and constitutionality of K.”
City of Wichita v. United States Gypsum Co., 828 F. Supp. 851 (D. Kan. 1993).
· cites it 22× “Plaintiff relies on K.S.A. § 60-521 (1983), which provides: As to any cause of action accruing to the state, any political subdivision, or any other public body, which cause of action arises out of any proprietary junction or activity, the limitations prescribed in this article…”
State Ex Rel. Stovall v. Meneley, 22 P.3d 124 (Kan. 2001).
· cites it 3× “The State argues, on the other hand, that K.S.A. 60-521 applies. K.S.A. 60-521 sets forth: “As to any cause of action accruing to the state, any political subdivision, or any other public body, which cause of action arises out of any proprietary function or activity, the…”
Univ. of Kansas Mem'l Corp. v. Kansas Power & Light Co., 61 P.3d 741 (Kan. Ct. App. 2003).
· cites it 9× “UKMC responded by arguing that its action fell within an exception to the 2-year statute of limitations under K.S.A. 60-521. The trial court granted KPL’s motion to dismiss after finding that the exception to the 2-year statute of limitations was inapplicable and, as a result,…”
Kansas ex rel. Gordon v. Oliver (In re Oliver), 547 B.R. 423 (Bankr. D. Kan. 2016).
· cites it 13× “Debtor’s reply also argues that KDoL is barred from collecting benefit overpay-ments by the statute of limitations for civil actions, as applied to public bodies through K.S.A. § 60-521. Section 60-521 states that the statutes of limitation for civil actions 19 apply to “any…”
City of Attica v. Mull Drilling Co., 676 P.2d 769 (Kan. Ct. App. 1984).
· cites it 10× “60-509, and/or K.S.A. 60-521. Each of these contentions will be discussed individually.”
Unified Sch. Dist. No. 490 v. Celotex Corp., 629 P.2d 196 (Kan. Ct. App. 1981).
· cites it 2× “845 (1978); K.S.A. 60-521. The construction of a school building is incidental to and a part of the state's overall duty to provide public education for the citizens of the state.”
State Ex Rel. Stephan v. GAF Corp., 747 P.2d 1326 (Kan. 1987).
· cites it 2× “K.S.A. 60-521 describes the circumstances under which statutes of limitations apply to the State as follows: “ ‘As to any cause of action accruing to the state, any political subdivision, or any other public body, which cause of action arises out of any proprietary function or…”
State Ex Rel. Schneider v. McAfee, 578 P.2d 281 (Kan. Ct. App. 1978).
· cites it 2× “K.S.A. 60-521 deals with the applicability of the limitations of actions to public bodies: “As to any cause of action accruing to the state, any political subdivision, or any other public body, which cause of action arises out of any proprietary function or activity, the…”
Hiji v. City of Garnett, 804 P.2d 950 (Kan. 1991).
· cites it 3× “60-513(a)(4) relating to “[a]n action for injury to the rights of another, not arising in contract, and not herein enumerated” or no statute of limitations pursuant to the exemptions found in K.S.A. 60-521 and K.S.A. 60-509. In City of Attica , the court first discussed the…”
State v. Graham, 758 P.2d 247 (Kan. Ct. App. 1988).
· cites it 2× “K.S.A. 60-521 provides in part: “As to any cause of action accruing to the state, .”
Newman Mem'l Hosp. v. Walton Constr. Co., 149 P.3d 525 (Kan. Ct. App. 2007).
· cites it 10× “should the court reverse and remand for a new trial based on numerous trial court errors in rulings of law, jury instructions, and admissions of evidence?” Newman, as would be expected, argues that it is immune from the statute of hmitations for its cause of action arising out…”
— K.S.A. § 60-521(1) — 1 case
Univ. of Kansas Mem'l Corp. v. Kansas Power & Light Co., 61 P.3d 741 (Kan. Ct. App. 2003).
“UKMC responded by arguing that its action fell within an exception to the 2-year statute of limitations under K.S.A. 60-521. The trial court granted KPL’s motion to dismiss after finding that the exception to the 2-year statute of limitations was inapplicable and, as a result,…”
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