Printable Format60-601. Actions concerning real property. The term real property, as used in this section, includes any interest or estate created by an oil, gas or mineral lease, or an oil, gas or mineral royalty. Actions concerning real property must be brought in the county designated in this section.
(a) Eminent domain actions. Eminent domain actions must be brought in the county in which the real estate is situated, except if it be an entire tract situated in two or more counties and there is common ownership, the action may be brought in any county in which a part thereof is situated.
(b) Generally. The following actions must be brought in the county in which the real estate is situated, except if it be an entire tract situated in two or more counties, or if it consists of separate tracts situated in two or more counties, the action may be brought in any county in which any tract or parts thereof is situated:
(1) Actions in ejectment or for the recovery of real property or any estate or interest therein, or to determine adverse claims.
(2) Actions for the partition of real estate or any estate or interest therein.
(3) Actions for the sale of real property or any estate or interest therein, under a mortgage, lien or other encumbrance or charge.
(4) Actions to compel the specific performance of a contract for the sale of real property, or any estate or interest therein. Such action may also be brought in any county where the defendant or any one of the defendants may reside.
(c) Transcript to other counties. Immediately after final judgment the clerk of the district court in which the action was brought shall transmit a transcript of the proceedings to the clerk of the district court in any other county wherein any real property may be affected by such proceedings where the same shall be docketed and filed. The cost of such transcript and filing shall be taxed as costs of the case.
History: L. 1963, ch. 303, 60-601; L. 1970, ch. 237, § 1; July 1.
Source or prior law:
(b). G.S. 1868, ch. 80, §§ 46, 47; L. 1903, ch. 384, § 1; L. 1909, ch. 182, §§ 48, 49, 56; R.S. 1923, 60-501, 60-502, 60-510; L. 1953, ch. 376, §§ 1 through 3.
(c). L. 1939, ch. 231, §§ 1–3.
Cross References to Related Sections:
Eminent domain procedure act, see 26-501(b).
Joinder of claims, see 60-218.
Joinder of parties, see 60-219, 60-220.
Law Review and Bar Journal References:
Part (1) of section (b); comment on creditor's remedies under civil procedure code in case of fraudulent conveyance, Charles L. Frickey, 17 K.L.R. 501, 502 (1969).
Comment concerning the proper classification of an oil and gas lease, 14 W.L.J. 411, 413 (1975).
Note on mineral lease exemptions from UCC coverage for security purposes, Bryan E. Nelson, 23 K.L.R. 367, 369 (1975).
"Kansas Water Appropriation Statutes and the Oil and Gas Industry in Kansas," Eva N. Neufeld, 50 J.B.A.K. 43, 51 (1981).
"Divorce Law: Lis Pendens, Judgment Liens, Homestead Exemptions, and Bankruptcy," John C. Peck, Shala M. Bannister and W. Thomas Gilman, 60 J.K.B.A. No. 2, 25, 26 (1991).
"Making The Most of Venue After The 1987 Reforms and [Kenyon v. K.C.P.&L.]," L. J. Leatherman, J.K.T.L.A. Vol. XVIII, No. 6, 21, 22, 23, 24 (1995).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-501, 60-502, 60-510 and the 1961 Supp. thereto.
1. Judgment in quiet title action in state court; res judicata in action in federal court. Neagle v. Brooks, 373 F.2d 40.
2. Cited in construing oil and gas lien law (K.S.A. 55-207 through 55-210). Mountain Iron & Supply Co. v. Branum, 200 Kan. 38, 45, 434 P.2d 1015.
3. Applied; oil and gas leases treated as realty for purpose of enforcing mechanic's and other liens. Ingram v. Ingram, 214 Kan. 415, 420, 521 P.2d 254.
4. Mentioned in holding executor may maintain action for possession of decedent's real estate. Boldridge v. Estate of Keimig, 222 Kan. 280, 284, 564 P.2d 497.
5. Statute does not mandate classification of oil and gas as real estate for purposes of judgment lien statute. Utica Nat'l Bank & Trust Co. v. Marney, 233 Kan. 432, 434, 661 P.2d 1246 (1983).
6. Discussed, plaintiff's partition action on oil and gas leases, venue in county where land is. Nelson Energy Programs v. Oil & Gas Technology Fund, 36 Kan. App. 2d 462, 468, 469, 143 P.3d 50 (2006).