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s �. •—. _ ....__.._ter. t E after the prescribed period has run are generally denied. by the City of New Brighton for its water supply and have Et` Limitation periods commence when the cause of action accrues. unreasonably and improperly interferred with the rights of A cause of action "accrues" as soon as the right to institute i the City in the use of that water. and maintain a suit arises, namely, at such time as it can i The statute of limitations concerns outlined above 4 be brought in a court of law without dismissal for failure in the strict liability section also apply to the claim for to state a claim. Dalton v. Dow Chemical Co., 280 Minn. damages as a result of interference with riparian property 147, 158 N.W.2d 580, 584 (1968); Karjala v. Johns-Manville rights. Presumably, the six (6) year statute of limitations Products' Corp., 523 F.2d 155, 160 (8th Cir. 1975). will apply. Federal courts have generally held that a cause STATUTES OF LIMITATIONS MATTERS of action accrues at the time of the plaintiff's injury. The statute of limitations of greatest concern United States v. Kubrick, 444 U.S. 111, 120 (1979). The to the City of St. Anthony will be that created by the Federal Eighth Circuit United States District Court, which includes Tort Claims Act described above. A tort claim must be presented Minnesota, has, however, declined to follow an all-purpose to the federal agency under the statute within two (2) years test to determine when a cause of action accrues. In Korgel after the claim accrues. Other statutory and common law v. United States, 619 F.2d 16, 19 (8th Cir. 1980), the court claims, such as the possible three (3) year statute of limi- suggested that if a plaintiff discovered or in the exercise tations under CERCLA, and the six (6) year statutes under of reasonable diligence, could have discovered the basis MERLA and common law claims, will also be triggered by the for a cause of action, then the appliable statute of limitations date that the claim accrued to the City of St. Anthony. would run. In a footnote, the Korgel court also noted that, Only MERLA gives any guidance in determining when a claim "In the context of tort claims for seepage of water or oil, accrues, and in that case, only provides that the claim for courts have typically concluded that the cause of action injury, death or disease will be deemed to accrue when the accrues from the date of the injury or from the date on which plaintiff discovered the injury or loss. the injury became apparent or discoverable by due diligence." Statutes of limitation prescribe a period within 619 F.2d at 18 citing Maher v. Cities Service Pipe Line Co., which a right may be enforced. Requests to enforce a right 286 F.2d 313 (10th Cir. 1960). - 14 - - 15 - `"