60-1001.
Actions for possession; ejectment.
(a)
Petition.
In any action to recover possession of real property, including an oil or gas lease or mineral interest, it shall be sufficient if the petition state that the petitioner has a legal or equitable interest therein and the right to possession.
(b)
Tenants in common.
In an action against a tenant in common the petition must state that the defendant either denied plaintiff's right, or did some act amounting to such denial.
(c)
Judgment; when plaintiff prevails.
If plaintiff prevails the judgment shall be for possession and damages for the loss of rents and profits, if any, and execution to enforce the same shall be issued to the sheriff by the clerk at the written request of the party entitled thereto.
(d)
When action becomes moot.
If the right of the plaintiff to the possession of the premises expires after the commencement of the suit and before the trial, the judgment shall be for the damages and costs.
History:
L. 1963, ch. 303, 60-1001; January 1, 1964.
Notes of Decisions
Cited in
8
cases, 1981–2011 · leading case:
In Re Brollier, 165 B.R. 286 (Bankr. W.D. Okla. 1994).
In Re Brollier, 165 B.R. 286 (Bankr. W.D. Okla. 1994).
· cites it 2× “She has a right to possession and an interest in the property under K.S.A. 60-1001. In an civil action for possession under Kansas law, K.”
Crone v. Nuss, 263 P.3d 809 (Kan. Ct. App. 2011).
“See K.S.A. 60-1001; K.S.A. 60-1002. In this case, the Crones filed a quiet title action against Nuss, the Hott Trust, and Richard and Marla Brocher asking the trial court to award title to the disputed land to the Crones under a theory of adverse possession.”
Seirer v. Home State Bank, 637 P.2d 483 (Kan. Ct. App. 1981).
“To further obliterate the distinction between *51 real estate and personal property in an oil and gas lease, Kansas statutes have now been amended to make oil and gas leases subject to ejectment (K.S.A. 60-1001), quiet title (K.S.A. 60-1002), and partition (K.”
Nazar v. Thexton (In Re Thexton), 39 B.R. 367 (Bankr. D. Kan. 1984).
· cites it 2× “§ 55-210); (b) for the purposes of venue (K.S.A. § 60-1001); (e) for the purpose of satisfaction of judgment (K.”
Redmond v. Koch Oil Co. (In Re Kittle), 32 B.R. 690 (Bankr. D. Kan. 1983).
· cites it 4× “§ 60-601 (treated as real property for purposes of venue); K.S.A. § 60-1001 (treated as real property for purposes of ejectment); K.”
S. Star Cent. Gas Pipeline, Inc. v. Cunning, 157 P.3d 1120 (Kan. Ct. App. 2007).
“On February 18, 2005, Southern Star filed a petition against the Cunnings for possession and ejectment pursuant to K.S.A. 60-1001. The petition sought to enforce Southern Star's easement rights and demanded the garage be removed because it was within 50 feet of Southern Star's…”
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