Kansas Statutes

Chapter 60: Procedure, Civil

Article 5: Limitations Of Actions

Statutes:

• 60-501: Scope.
• 60-502:
• 60-503: Adverse possession.
• 60-504: Execution sale.
• 60-505: Sales by executors, administrators or conservators.
• 60-506: Forcible entry and detention.
• 60-507: Unspecified real property actions.
• 60-508: Persons under legal disabilities.
• 60-509: Real property actions excepted.
• 60-510: Effect of limitations prescribed.
• 60-511: Actions limited to five years.
• 60-512: Actions limited to three years.
• 60-513: Actions limited to two years.
• 60-513a: Ionizing radiation defined.
• 60-513b: Limitations on actions for ionizing radiation injury.
• 60-513c: Action for latent ionizing radiation damage not barred by prior action; exception.
• 60-513d: "Health care provider" defined.
• 60-514: Actions limited to one year.
• 60-515: Persons under legal disability.
• 60-516: Actions originating in another state.
• 60-517: When defendant out of state.
• 60-518: New action, when.
• 60-519: Suits stayed by injunction.
• 60-520: Part payment or acknowledgment of liability.
• 60-521: Limitations applicable to public bodies.
• 60-522: Limitations on actions brought by or on behalf of the Kansas public employees retirement system; retroactive application.
• 60-523: Limitations on actions for recovery of damages suffered as a result of childhood sexual abuse.
• 60-524: Limitations on actions for recovery of damages by Dalkon Shield victims.

• 60-501: Scope. The provisions of this article govern the limitation of time for commencing civil actions, except where a different limitation is specifically provided by statute.

        History:   L. 1963, ch. 303, 60-501; Jan. 1, 1964.

• 60-502:

        History:   L. 1963, ch. 303, 60-502; Repealed, L. 1981, ch. 233, § 1; July 1.

• 60-503: Adverse possession. No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act.

        History:   L. 1963, ch. 303, 60-503; Jan. 1, 1964.

• 60-504: Execution sale. No action shall be maintained for the recovery of real property, by the execution debtor, his or her heirs, or any person claiming under him or her by title acquired after the date of judgment, after five (5) years from the date of the recording of the deed made in pursuance of the sale.

        History:   L. 1963, ch. 303, 60-504; Jan. 1, 1964.

• 60-505: Sales by executors, administrators or conservators. No action shall be maintained for recovery of real property sold by executors, administrators or conservators, upon an order or judgment of a court directing such sale, brought by the heirs or devisees of the deceased person, or the conservatee or his or her conservator, or any person claiming under any or either of them by after acquired title, after five (5) years from the date of the recording of the deed made in pursuance of the sale.

        History:   L. 1963, ch. 303, 60-505; L. 1965, ch. 354, § 10; Jan. 1, 1966.

• 60-506: Forcible entry and detention. No action shall be maintained for forcible entry and detention, or for forcible detention only, of real property, after two (2) years from the time the cause of action accrued.

        History:   L. 1963, ch. 303, 60-506; Jan. 1, 1964.

• 60-507: Unspecified real property actions. No action shall be maintained for the recovery of real property or for the determination of any adverse claim or interest therein, not provided for in this article, after fifteen (15) years from the time the cause of action accrued.

        History:   L. 1963, ch. 303, 60-507; Jan. 1, 1964.

• 60-508: Persons under legal disabilities. (a) Effect. If any person entitled to bring an action for the recovery of real property or for the determination of any adverse claim or interest therein be, at the time the cause of action accrued, or at any time during the period the statute of limitations is running, within the age of eighteen (18) years, or an incapacitated person, or imprisoned for a term less than his or her natural life, such person shall be entitled to bring such action within two (2) years after the disability is removed; but no such action shall be maintained by or on behalf of any person under the disabilities specified after twenty-three (23) years from the time the cause of action shall have accrued. The provisions of this subsection as it was constituted prior to the effective date of this act shall continue in force and effect with respect to any person who was at least eighteen (18) years of age and not more than twenty-one (21) years of age on the effective date of this act.

        (b)   Death of person under disability. If any person entitled to bring such action dies during the continuance of any disability specified in subsection (a) of this section and no determination be had of the title, claim, interest, or action to such person accrued, his or her heirs, or any person entitled to claim, from, by or under him or her, may commence such action after the time specified as a limitation, and within two (2) years after his or her death, but not after that period.

        History:   L. 1963, ch. 303, 60-508; L. 1965, ch. 354, § 11; L. 1972, ch. 161, § 14; July 1.

• 60-509: Real property actions excepted. Nothing contained in any statutes of limitations shall be applicable to any real property given, granted, sequestered or appropriated to any public use, or to any lands belonging to this state.

        History:   L. 1963, ch. 303, 60-509; Jan. 1, 1964.

• 60-510: Effect of limitations prescribed. Civil actions, other than for the recovery of real property, can only be commenced within the period prescribed in the following sections of this article, after the cause of action shall have accrued.

        History:   L. 1963, ch. 303, 60-510; Jan. 1, 1964.

• 60-511: Actions limited to five years. The following actions shall be brought within five (5) years: (1) An action upon any agreement, contract or promise in writing.

        (2)   An action brought on any covenant of seizin contained in any deed of conveyance of land.

        (3)   An action brought on a covenant of warranty contained in any deed of conveyance of land, after there shall have been a final decision against the title of the covenantor in such deed.

        (4)   An action upon the official bond or undertaking of an executor, administrator, conservator, sheriff, or any other officer, or upon the bond or undertaking given in attachment, injunction, arrest, or in any case required by statute.

        (5)   An action for relief, other than the recovery of real property not provided for in this article.

        History:   L. 1963, ch. 303, 60-511; L. 1965, ch. 354, § 12; Jan. 1, 1966.

• 60-512: Actions limited to three years. The following actions shall be brought within three (3) years: (1) All actions upon contracts, obligations or liabilities expressed or implied but not in writing. (2) An action upon a liability created by a statute other than a penalty or forfeiture.

        History:   L. 1963, ch. 303, 60-512; Jan. 1, 1964.

• 60-513: Actions limited to two years. (a) The following actions shall be brought within two years:

        (1)   An action for trespass upon real property.

        (2)   An action for taking, detaining or injuring personal property, including actions for the specific recovery thereof.

        (3)   An action for relief on the ground of fraud, but the cause of action shall not be deemed to have accrued until the fraud is discovered.

        (4)   An action for injury to the rights of another, not arising on contract, and not herein enumerated.

        (5)   An action for wrongful death.

        (6)   An action to recover for an ionizing radiation injury as provided in K.S.A. 60-513a, 60-513b and 60-513c, and amendments thereto.

        (7)   An action arising out of the rendering of or failure to render professional services by a health care provider, not arising on contract.

        (b)   Except as provided in subsections (c) and (d), the causes of action listed in subsection (a) shall not be deemed to have accrued until the act giving rise to the cause of action first causes substantial injury, or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall an action be commenced more than 10 years beyond the time of the act giving rise to the cause of action.

        (c)   A cause of action arising out of the rendering of or the failure to render professional services by a health care provider shall be deemed to have accrued at the time of the occurrence of the act giving rise to the cause of action, unless the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall such an action be commenced more than four years beyond the time of the act giving rise to the cause of action.

        (d)   A negligence cause of action by a corporation or association against an officer or director of the corporation or association shall not be deemed to have accrued until the act giving rise to the cause of action first causes substantial injury, or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall such an action be commenced more than five years beyond the time of the act giving rise to the cause of action. All other causes of action by a corporation or association against an officer or director of the corporation or association shall not be deemed to have accrued until the act giving rise to the cause of action first causes substantial injury and there exists a disinterested majority of nonculpable directors of the corporation or association, or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable and there exists a disinterested majority of nonculpable directors of the corporation or association, but in no event shall such an action be commenced more than 10 years beyond the time of the act giving rise to the cause of action. For purposes of this subsection, the term "negligence cause of action" shall not include a cause of action seeking monetary damages for any breach of the officer's or director's duty of loyalty to the corporation or association, for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, for liability under K.S.A. 17-5812, 17-6410, 17-6423, 17-6424 or 17-6603 and amendments thereto, or for any transaction from which the officer or director derived an improper personal benefit.

        (e)   The provisions of this section as it was constituted prior to July 1, 1996, shall continue in force and effect for a period of two years from that date with respect to any act giving rise to a cause of action occurring prior to that date.

        History:   L. 1963, ch. 303, 60-513; L. 1968, ch. 6, § 1; L. 1976, ch. 254, § 1; L. 1987, ch. 222, § 1; L. 1996, ch. 127, § 1; July 1.

• 60-513a: Ionizing radiation defined. For purposes of this act, "ionizing radiation" means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter.

        History:   L. 1968, ch. 6, § 2; July 1.

• 60-513b: Limitations on actions for ionizing radiation injury. No action may be brought to recover for an ionizing radiation injury more than two (2) years after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and of the cause thereof, but in no event more than ten (10) years from the date of the last occurrence to which the injury is attributed. Notwithstanding the foregoing provisions of this section to the contrary, no action may be brought to recover for an ionizing radiation injury arising out of the rendering of or the failure to render professional services by a health care provider more than four (4) years from the date of the last occurrence to which the injury is attributed. The provisions of this section as it was constituted prior to the effective date of this act [*] shall continue in force and effect for a period of two (2) years from the effective date of this act [*] with respect to any act giving rise to a cause of action occurring prior to the effective date of this act [*].

        History:   L. 1968, ch. 6, § 3; L. 1976, ch. 254, § 2; July 1.

• 60-513c: Action for latent ionizing radiation damage not barred by prior action; exception. No action to recover for latent ionizing radiation damage shall be barred by recovery in any earlier action or proceeding, unless the plaintiff in the earlier action shall actually have been awarded damages for the latent injury, or shall have known or reasonably have been expected to know that such latent damage would occur, and its nature and extent with sufficient particularity to establish entitlement to a specific amount of damages on account thereof.

        History:   L. 1968, ch. 6, § 4; July 1.

• 60-513d: "Health care provider" defined. As used in K.S.A. 60-513 and 60-513b, and amendments to such statutes, the term "health care provider" means a person licensed to practice any branch of the healing arts, a person who holds a temporary permit to practice any branch of the healing arts, a person engaged in a postgraduate training program approved by the state board of healing arts, a licensed medical care facility, a health maintenance organization, a licensed dentist, a licensed professional nurse, a licensed practical nurse, a licensed optometrist, a licensed podiatrist, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this section, a licensed pharmacist or a licensed physical therapist.

        History:   L. 1976, ch. 254, § 4; L. 1986, ch. 231, § 6; L. 1988, ch. 246, § 13; L. 2003, ch. 128, § 20; Apr. 1, 2004.

• 60-514: Actions limited to one year. The following actions shall be brought within one year:

        (a)   An action for libel or slander.

        (b)   An action for assault, battery, malicious prosecution, or false imprisonment.

        (c)   An action upon statutory penalty or forfeiture.

        (d)   An action brought pursuant to K.S.A. 43-173. Such action shall be brought within one year from the date of discharge or threat of discharge from employment.

        History:   L. 1963, ch. 303, 60-514; L. 1993, ch. 44, § 2; July 1.

• 60-515: Persons under legal disability. (a) Effect. Except as provided in K.S.A. 60-523, if any person entitled to bring an action, other than for the recovery of real property or a penalty or a forfeiture, at the time the cause of action accrued or at any time during the period the statute of limitations is running, is less than 18 years of age, an incapacitated person or imprisoned for a term less than such person's natural life, such person shall be entitled to bring such action within one year after the person's disability is removed, except that no such action shall be commenced by or on behalf of any person under the disability more than eight years after the time of the act giving rise to the cause of action.

        Notwithstanding the foregoing provision, if a person imprisoned for any term has access to the court for purposes of bringing an action, such person shall not be deemed to be under legal disability.

        (b)   Death of person under disability. If any person entitled to bring an action dies during the continuance of any disability specified in subsection (a) and no determination is made of the cause of action accrued to the deceased, any person entitled to claim from, by or under the deceased, may commence such action within one year after the deceased's death, but in no event shall any such action be commenced more than eight years beyond the time of the act giving rise to the cause of action.

        History:   L. 1963, ch. 303, 60-515; L. 1965, ch. 354, § 13; L. 1972, ch. 161, § 15; L. 1976, ch. 254, § 3; L. 1981, ch. 234, § 1; L. 1992, ch. 307, § 2; July 1.

• 60-516: Actions originating in another state. Where the cause of action has arisen in another state or country and by the laws of the state or country where the cause of action arose an action cannot be maintained thereon by reason of lapse of time, no action can be maintained thereon in this state except in favor of one who is a resident of this state and who has held the cause of action from the time it accrued.

        History:   L. 1963, ch. 303, 60-516; L. 1970, ch. 236, § 1; July 1.

• 60-517: When defendant out of state. If when a cause of action accrues against a person he or she be out of the state, or has absconded or concealed himself or herself, the period limited for the commencement of the action shall not begin to run until such person comes into the state, or while he or she is so absconded or concealed, and if after the cause of action accrues he or she depart from the state, or abscond or conceal himself or herself, the time of the absence or concealment shall not be computed as any part of the period within which the action must be brought. This section shall not apply to extend the period of limitation as to any defendant whose whereabouts are known and upon whom service of summons can be effected under the provisions of article 3 of this chapter.

        History:   L. 1963, ch. 303, 60-517; Jan. 1, 1964.

• 60-518: New action, when. If any action be commenced within due time, and the plaintiff fail in such action otherwise than upon the merits, and the time limited for the same shall have expired, the plaintiff, or, if the plaintiff die, and the cause of action survive, his or her representatives may commence a new action within six (6) months after such failure.

        History:   L. 1963, ch. 303, 60-518; Jan. 1, 1964.

• 60-519: Suits stayed by injunction. Whenever the commencement of any action shall be stayed by an injunction of any court, the time during which such injunction shall be in force shall not be deemed any portion of the time limit for the commencement of such action.

        History:   L. 1963, ch. 303, 60-519; Jan. 1, 1964.

• 60-520: Part payment or acknowledgment of liability. (a) Effect. In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same, shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.

        (b)   Joint debtors. If there be two or more joint contractors, no one of whom is entitled to act as the agent of the others, no such joint contractor shall lose the benefit of the statute of limitations so as to be chargeable by reason of any acknowledgment, promise or payment made by any other or others of them, unless done with the knowledge and consent of, or satisfied [ratified] by the joint contractor sought to be charged.

        History:   L. 1963, ch. 303, 60-520; Jan. 1, 1964.

• 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; Jan. 1, 1964.

• 60-522: Limitations on actions brought by or on behalf of the Kansas public employees retirement system; retroactive application. (a) Notwithstanding any other limitations contained in article 5 of chapter 60 of the Kansas Statutes Annotated, any civil action brought by, or on behalf of, the Kansas public employees retirement system shall be brought within 10 years of the time in which such cause of action shall have accrued.

        (b)   The provisions of this section shall be part of and supplemental to the provisions of article 5 of chapter 60 of the Kansas Statutes Annotated.

        (c)   The limitations set forth in subsection (a) are to be construed and applied retroactively.

        History:   L. 1992, ch. 321, § 21; L. 1993, ch. 227, § 9; July 1.

• 60-523: Limitations on actions for recovery of damages suffered as a result of childhood sexual abuse. (a) No action for recovery of damages suffered as a result of childhood sexual abuse shall be commenced more than three years after the date the person attains 18 years of age or more than three years from the date the person discovers or reasonably should have discovered that the injury or illness was caused by childhood sexual abuse, whichever occurs later.

        (b)   As used in this section:

        (1) "Injury or illness" includes psychological injury or illness, whether or not accompanied by physical injury or illness.

        (2)   "Childhood sexual abuse" includes any act committed against the person which act occurred when the person was under the age of 18 years and which act would have been a violation of any of the following:

        (A)   Indecent liberties with a child as defined in K.S.A. 21-3503 and amendments thereto; (B) aggravated indecent liberties with a child as defined in K.S.A. 21-3504 and amendments thereto; (C) aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendments thereto; (D) enticement of a child as defined in K.S.A. 21-3509 and amendments thereto; (E) indecent solicitation of a child as defined in K.S.A. 21-3510 and amendments thereto; (F) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511 and amendments thereto; (G) sexual exploitation of a child as defined in K.S.A. 21-3516 and amendments thereto; or (H) aggravated incest as defined in K.S.A. 21-3603 and amendments thereto; or any prior laws of this state of similar effect at the time the act was committed.

        (c)   Discovery that the injury or illness was caused by childhood sexual abuse shall not be deemed to have occurred solely by virtue of the person's awareness, knowledge or memory of the acts of abuse. The person need not establish which act in a series of continuing sexual abuse incidents caused the injury or illness complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is a part of a common scheme or plan of sexual abuse.

        (d)   This section shall be applicable to:

        (1)   Any action commenced on or after July 1, 1992, including any action which would be barred by application of the period of limitation applicable prior to July 1, 1992;

        (2)   any action commenced prior to July 1, 1992, and pending on July 1, 1992.

        History:   L. 1992, ch. 307, § 1; July 1.

• 60-524: Limitations on actions for recovery of damages by Dalkon Shield victims. (a) Except as provided in subsection (c), notwithstanding any other limitation contained in article 5 of chapter 60 of the Kansas Statutes Annotated, any civil action, except an action for relief on the ground of fraud, brought by, or on behalf of, any Dalkon Shield victim against the Dalkon Shield claimant's trust, shall be brought in accordance with procedures established by the A.H. Robins company, inc. plan of reorganization, and shall be brought within 10 years of the time in which such cause of action shall have accrued.

        (b)   Any civil action for relief on the ground of fraud brought by, or on behalf of, any Dalkon Shield victim against the Dalkon Shield claimant's trust, shall not be deemed to have accrued until the fraud of A.H. Robins company, inc. was discovered, without regard to the date any physical injury occurred.

        (c)   The provisions of this act shall not affect any applicable statute of repose as otherwise provided by law.

        (d)   The provisions of this section shall be part of and supplemental to the provisions of article 5 of chapter 60 of the Kansas Statutes Annotated.

        History:   L. 1994, ch. 278, § 1; July 1.