78B-2-305 - Within three years.
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 trespassis committed by means of underground works upon any mining claim, the cause of action doesnot accrue until the discovery by the aggrieved party of the facts constituting the waste ortrespass;
(2) for taking, detaining, or injuring personal property, including actions for specificrecovery; except that in cases where the subject of the action is a domestic animal usuallyincluded in the term "livestock," which at the time of its loss has a recorded mark or brand, if theanimal strayed or was stolen from the true owner without the owner's fault, the cause does notaccrue until the owner has actual knowledge of facts that would put a reasonable person uponinquiry 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 notaccrue 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 forfeitureunder the laws of this state, except where in special cases a different limitation is prescribed bythe statutes of this state; or
(5) to enforce liability imposed by Section 78B-3-603, or for damages under Section78B-6-1701, except that the cause of action does not accrue until the aggrieved party knows orreasonably should know of the harm suffered.
Amended by Chapter 143, 2010 General Session