(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.
(1) Actions for the recovery of a fine, forfeiture or penalty, other than against public utilities or common carriers, except if the act was committed on a road or river which forms the boundary of two or more counties the action may be brought in any one of the bordering counties opposite the place where the act was committed.
(2) An action against a public officer for an act done or threatened to be done by such officer by virtue or under color of his or her office, or for neglect of his or her official duties.
(3) An action on an official bond or undertaking of a public officer.
History: L. 1963, ch. 303, 60-602; Jan. 1, 1964.
(1) in which the defendant resides, or
(2) in which the plaintiff resides if the defendant is served therein, or
(3) in which the cause of action arose, or
(4) in which the defendant has a place of business or of employment if said defendant is served therein, or
(5) in which the estate of a deceased person is being probated if such deceased person was jointly liable with the defendant and a demand to enforce such liability has been duly exhibited in the probate proceedings, or
(6) in which there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 60-1005 at the time of the filing of the action.
History: L. 1963, ch. 303, 60-603; L. 1965, ch. 355, § 2; L. 1976, ch. 251, § 16; Jan. 10, 1977.
(1) Its registered office is located;
(2) the cause of action arose;
(3) the defendant is transacting business at the time of the filing of the petition, if the plaintiff is a resident of such county at the time the cause of action arose;
(4) there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 60-1005 and amendments thereto at the time of the filing of the action; or
(5) equipment or facilities for use in the supply of transportation services, or communication services, including, without limitation, telephonic communication services, are located, where the subject of such action relates to transportation services or communication services supplied or rendered, in whole or in part, using such equipment or facilities.
History: L. 1963, ch. 303, 60-604; L. 1965, ch. 355, § 3; L. 1989, ch. 178, § 2; L. 1995, ch. 174, § 1; July 1.
(1) The plaintiff resides; or if the plaintiff is a corporation, in the county of its registered office or in which it maintains a place of business; or if the plaintiff is a partnership, either general or limited, in the county of the residence of a partner, in the county of the registered office of a corporate partner or in the county in which the partnership maintains a place of business;
(2) the defendant is served;
(3) the cause of action arose;
(4) the defendant is transacting business at the time of the filing of the petition;
(5) there is property of the defendant, or debts owing to the defendant;
(6) there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 60-1005 and amendments thereto at the time of the filing of the action; or
(7) equipment or facilities for use in the supply of transportation services, or communication services, including, without limitation, telephonic communication services, are located where the subject of such action relates to transportation services or communication services supplied or rendered, in whole or in part, using such equipment or facilities.
History: L. 1963, ch. 303, 60-605; L. 1965, ch. 355, § 4; L. 1989, ch. 178, § 3; July 1.
(b) Any action brought against a public utility, common carrier or transportation system for damages arising from personal injury, resulting in death or otherwise, shall be brought in either the county in which the injury occurred or in the county in which the plaintiff resided at the time of injury.
History: L. 1963, ch. 303, 60-606; L. 1987, ch. 223, § 1; July 1.
(1) The county in which the petitioner is an actual resident at the time of filing the petition;
(2) the county where the respondent resides or where service may be obtained; or
(3) if the petitioner is a resident of or stationed at a United States post or military reservation within the state at the time of filing the petition, any county adjacent to the post or reservation.
(b) For the purposes of this section, a spouse may have a residence separate and apart from the residence of the other spouse.
History: L. 1963, ch. 303, 60-607; L. 1983, ch. 196, § 1; July 1.
History: L. 1963, ch. 303, 60-608; Jan. 1, 1964.
(b) In any action in the district court which is commenced pursuant to chapter 60 of the Kansas Statutes Annotated and in which it shall be made to appear that a fair and impartial trial cannot be had in the county where the action is pending, for reasons other than the disqualification of the judge, the court, upon application of either party, may change the place of trial to some county where the objection does not exist.
(c) When all parties who are not in default agree and the agreement is approved by the court of original venue and the supreme court, a civil action may be transferred to any county.
History: L. 1963, ch. 303, 60-609; L. 1976, ch. 251, § 17; L. 1983, ch. 197, § 1; L. 1995, ch. 174, § 2; July 1.
History: L. 1963, ch. 303, 60-610; Jan. 1, 1964.
History: L. 1963, ch. 303, 60-611; L. 1993, ch. 107, § 1; July 1.
(b) If the court finds on motion of any party, that the county where an action was filed does not have a courtroom or other suitable facility which conforms to section 11 of the Americans with disabilities act accessibility guidelines for buildings and facilities (ADAAG) adopted by 28 CFR 36.406 and incorporated in appendix A thereto, as in effect on July 1, 1999, and that such failure to conform would prohibit or limit the participation of a person material to the proceeding, the judge, without changing venue, may conduct any hearing or trial in any county with an accessible courtroom.
(c) If the court finds, on motion of any person at least 20 days before the hearing or trial, that the county where an action was filed does not have a courtroom or other suitable facility which conforms to section 11 of the Americans with disabilities act accessibility guidelines for buildings and facilities (ADAAG) adopted by 28 CFR 36.406 and incorporated in appendix A thereto, as in effect on July 1, 1999, and that such failure to conform would prohibit or limit the attendance of any person, the judge, without changing venue, may conduct the hearing or trial in any county with an accessible courtroom. Notice of the change of the location shall be given to the parties at least 10 days prior to the date of the first proceeding at the alternate location.
History: L. 1963, ch. 303, 60-612; L. 1983, ch. 197, § 2; L. 1999, ch. 155, § 1; July 1.
(b) Service of process. The respective sheriffs of Geary and Riley county, Kansas, and others authorized to serve process under the laws of this state, in these two named counties, may serve process in any proper action within the boundaries of the Fort Riley military reservation without regard to the county line between Geary and Riley counties as said line existed before the land comprising said reservation was acquired by the United States of America.
History: L. 1963, ch. 303, 60-613; Jan. 1, 1964.
History: L. 1965, ch. 358, § 1; July 1.