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

Article 2: Limitation of Actions · Last amended 1991 · Last verified July 22, 2026

In one sentenceThis section bars any claim against the State of Nebraska unless brought within two years after it arose, and applies the same deadline private parties would face to most claims the state itself might bring, while exempting property tax claims.

Full Text of § 25-218

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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.

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.

Plain-English Summary

Suing the state runs on its own clock. Section 25-218 forever bars any claim or demand against the State of Nebraska unless an action is brought within two years after the claim arose — a firm outer limit distinct from the various deadlines that apply to claims between private parties.

The section also addresses claims the state brings against someone else. Those generally follow the same time limits that would apply to a like demand between private parties, with a list of exceptions: revenue claims, claims on official bonds, and claims involving loans or money belonging to school funds or other trust funds, or land connected to those funds, aren’t governed by this section’s private-party-parity rule. Property tax claims against the state are excluded from this section entirely.

Frequently Asked Questions

How long do I have to sue the State of Nebraska?

Two years after the claim arose. Section 25-218 states that every claim and demand against the state is forever barred unless brought within that period.

Does this two-year deadline apply to property tax claims against the state?

No. The section specifically states it does not apply to any claim or demand against the state regarding property taxes.

What deadline applies when the state sues someone else?

Generally, the same lapse of time that would apply to a like demand between private parties — except for claims involving revenue, official bonds, or school and other trust funds and related land, which fall outside this rule.

Why are revenue and school-fund claims treated differently?

The section carves those categories out of the private-party-parity rule for claims on behalf of the state, leaving their treatment to whatever other law governs those specific claim types.

Is the two-year deadline against the state different from the general four-year catch-all in section 25-212?

Yes. Section 25-218 sets its own, shorter two-year deadline specifically for claims against the state, separate from the general catch-all period in section 25-212.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
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