78B-2-305. Within three years.
An action may be brought within three years:
(1) for waste, trespass upon, or injury to real property; except that when waste or trespass
is committed by means of underground works upon any mining claim, the cause of action does
not accrue until the discovery by the aggrieved party of the facts constituting the waste or
trespass;
(2) for taking, detaining, or injuring personal property, including actions for specific
recovery; except that in cases where the subject of the action is a domestic animal usually
included in the term "livestock," which at the time of its loss has a recorded mark or brand, if the
animal strayed or was stolen from the true owner without the owner's fault, the cause does not
accrue until the owner has actual knowledge of facts that would put a reasonable person upon
inquiry as to the possession of the animal by the defendant;
(3) for relief on the ground of fraud or mistake; except that the cause of action does not
accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake;
(4) for a liability created by the statutes of this state, other than for a penalty or forfeiture
under the laws of this state, except where in special cases a different limitation is prescribed by
the statutes of this state; or
(5) to enforce liability imposed by Section 78B-3-603, except that the cause of action
does not accrue until the aggrieved party knows or reasonably should know of the harm suffered.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009