K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-1701 (2026)

Jurisdiction; generally

✓ current as of May 2026
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60-1701. Jurisdiction; generally. Courts of record within their respective jurisdictions shall have power to declare the rights, status, and other legal relations whether or not further relief is, or could be sought. No action or proceeding shall be dismissed or stayed for the sole reason that only declaratory relief has been sought. The declaratory may be either affirmative or negative in nature; and such declarations shall have the force and effect of a final judgment.

History: L. 1963, ch. 303, 60-1701; L. 1993, ch. 202, § 1; July 1.

Notes of Decisions
Cited in 70 cases (11 in the last 5 years), 1965–2024 · leading case: State Ex Rel. Stephan v. Kansas House of Representatives, 687 P.2d 622 (Kan. 1984).
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State Ex Rel. Stephan v. Kansas House of Representatives, 687 P.2d 622 (Kan. 1984). · cites it 6× “The attention of the court is directed to the provisions of K.S.A. 60-1701 et seq., and K.S.A. 77-434.”
Waste Connections of Kansas, Inc. v. Ritchie Corp., 298 P.3d 250 (Kan. 2013). · cites it 3× “60-1704 (person having interest under written contract may seek declaratory judgment on *963 “any question of construction” arising under contract, “declaration of rights, status or other legal relations thereunder”); K.”
Solomon v. State, 364 P.3d 536 (Kan. 2015). · cites it 4× “60-1704 of that Act states: "Any person having an interest under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are 11 affected by a statute, municipal ordinance, contract or franchise, may seek…”
Moody v. Bd. of Shawnee Cnty. Comm'rs, 697 P.2d 1310 (Kan. 1985). · cites it 6× “Declaratory judgments are controlled by K.S.A. 60-1701 (1983). The function of the statute is to provide speedy and flexible methodology for the determination of rights and obligations in cases of `actual controversy' where there is `actual antagonistic assertion and denial of…”
N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013). “Similarly, Nash denied ONEOK’s third-party indemnification allegations, asserted two affirmative defenses and third-party cros-sclaims against ONEOK and Lumen, and sought a declaratory judgment pursuant to K.S.A. 60-1701 et seq. to determine the parties’ rights to natural gas…”
In Re the Est. of Keller, 46 P.3d 1135 (Kan. 2002). · cites it 5× “Declaratory Judgments The cases cited by the Court of Appeals predate the 1993 amendments to K.S.A. 60-1701 et seq. However, these cases provide rehable authority in this state because of the discretion vested in district and appellate courts when considering declaratory relief…”
Robinson v. Kansas State High Sch. Activities Ass'n, 917 P.2d 836 (Kan. 1996). · cites it 3× “The district court based its determination that standing existed upon application of the Declaratory Judgment Act, K.S.A. 60-1701 et seq. K.S.A. 60-1701 provides in part: “Courts of record within their respective jurisdictions shall have power to declare the rights, status, and…”
Unified Sch. Dist. No. 501 v. Baker, 6 P.3d 848 (Kan. 2000). · cites it 2× “: This K.S.A. 60-1701 et seq. declaratory judgment action addresses whether a tenured teacher while serving as a member on the school board that employs the teacher may hold both positions, teacher and board member.”
Shipe v. Pub. Wholesale Water Supply Dist. No. 25, 210 P.3d 105 (Kan. 2009). “60-801 and K.S.A. 60-1701); U.S.D. No. 503 v. McKinney, 236 Kan.”
Ventures in Prop. I v. City of Wichita, 594 P.2d 671 (Kan. 1979). · cites it 2× “: This is an action brought under K.S.A. 60-1701 for a declaratory judgment against the City of Wichita and the Kansas Department of Transportation (defendants-appellees).”
Prairie Land Elec. Coop., Inc. v. Kansas Elec. Power Coop., Inc., 323 P.3d 1270 (Kan. 2014). “District Comt Proceedings On November 16, 2007, Prairie Land filed a petition for declaratory judgment in Phillips County District Court pursuant to K.S.A. 60-1701 et seq., asking the court “to construe and declare the rights, status and legal l'elations of the parties” under…”
Aselco, Inc. v. Hartford Ins. Grp., 21 P.3d 1011 (Kan. Ct. App. 2001). “It was decided before the effective date of the Kansas Declaratory Judgment Act (Act), K.S.A. 60-1701 et seq., which governs this case, and even it includes language acknowledging that a declaratory judgment proceeding in which questions of fact are incidental to the…”
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