§ 25-218 — Claims by and against the state; when barred

Nebraska § 25-218

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

Every claim and demand against the state shall be forever barred unless action is brought thereon within two years after the claim arose. Every claim and demand on behalf of the state, except for revenue, or upon official bonds, or for loans or money belonging to the school funds, or loans of school or other trust funds, or to lands or interest in lands thereto belonging, shall be barred by the same lapse of time as is provided by the law in case of like demands between private parties. This section shall not apply to any claim or demand against the state regarding property taxes.

Legislative History

Source: Laws 1877, § 16, p. 24; Laws 1881, c. 32, § 1, p. 211; R.S.1913, § 7581; C.S.1922, § 8524; C.S.1929, § 20-218; R.S.1943, § 25-218; Laws 1991, LB 829, § 3. Annotations: The time limitations provided for in section 25-206 and this section do not infringe upon the Department of Labor's ability to collect an overpayment by setoff under section 48-665. McCoy v. Albin, 298 Neb. 297, 903 N.W.2d 902 (2017). Inverse condemnation actions against the State must be commenced 2 years from the time of taking or damaging. Hike v. State, 297 Neb. 212, 899 N.W.2d 614 (2017). Section 25-202 is a general statute of limitations that must yield to the more specific limitation provided in this section regarding inverse condemnation actions brought against the State. Hike v. State, 297 Neb. 212, 899 N.W.2d 614 (2017). The state may raise the bar of the statute of limitations by a motion to dismiss filed with the administrative agency charged with determining the state's liability for payment on a contract claim. L.J. Vontz Constr. Co. v. Department of Roads, 232 Neb. 241, 440 N.W.2d 664 (1989). This section applies to actions for money damage but not to actions for injunctive relief. Czarnick v. Loup River P.P. Dist., 190 Neb. 521, 209 N.W.2d 595 (1973). Recovery by county for maintenance of insane patient in state hospital is not a claim for revenue. County of Adams v. Ernst, 158 Neb. 15, 62 N.W.2d 110 (1954). Suit against state for taking or damaging private property for public use must be commenced two years from the time of taking or damaging. Bordy v. State, 142 Neb. 714, 7 N.W.2d 632 (1943). All parties whose rights would be affected by modification or reversal of judgment must be made parties on appeal to Supreme Court. Donisthorpe v. Vavra, 134 Neb. 157, 278 N.W. 151 (1938). Statute does not apply to action by state to recover revenue from county. Torgeson v. Department of Trade and Commerce, 127 Neb. 49, 254 N.W. 740 (1934). Money levied and collected by county authorities to cover support of insane patients in state hospital, although transferred to county general fund, may be recovered in action by the state, without filing claim; statute of limitations is not applicable. State v. Stanton County, 100 Neb. 747, 161 N.W. 264 (1917).