Kansas Statutes Annotated

K.S.A. § 60-601 (2026)

Actions concerning real property

✓ current as of May 2026
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60-601. 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.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1959–2022 · leading case: Leathers v. Leathers, 856 F.3d 729 (10th Cir. 2017).
Leathers v. Leathers, 856 F.3d 729 (10th Cir. 2017). · cites it 2× “See Kan. Stat. Ann. § 60-601 (b)(l); see also Crone v.”
Crone v. Nuss, 263 P.3d 809 (Kan. Ct. App. 2011). “K.S.A. 60-601(b)(l); K.S.A. 60-1002. We are unable to find any lack of jurisdiction as to the subject matter or the parties, and the Crones do not cite any legal authority in support of their argument.”
Baker, Adm'r v. Brial, 341 P.2d 987 (Kan. 1959). · cites it 2× “The present code of civil procedure provides in section 60-601, G. S. 1949 the following rule as to the joinder of actions: “The plaintiff may unite several causes of action in the same petition, whether they be such as have been heretofore denominated legal or equitable, or…”
Utica Nat'l Bank & Trust Co. v. Marney, 661 P.2d 1246 (Kan. 1983). “58-2221 (recordation of oil and gas leases), K.S.A. 60-601 (venue), K.S.A. 60-1001 (actions to recover property), K.”
Corinne Anne Staigg Neagle v. William Brooks & Maud Ella Brooks, 373 F.2d 40 (10th Cir. 1967). “K.S.A. 60-601 (b) (1). 6 . Kline et al. v.”
Nelson Energy Programs, Inc. v. Oil & Gas Tech. Fund, Inc., 143 P.3d 50 (Kan. Ct. App. 2006). · cites it 4× “K.S.A. 60-601; see Terr. L. 1858, ch. 11, sec.”
Mid Kansas Agri Co. v. Pawnee Cnty. Coop. Ass'n (Kan. Ct. App. 2022). · cites it 9× “The Co-op argues: (1) The district court's judgment is void because the matter should have been heard in Barton County based on the local venue requirement of K.S.A. 60-601; (2) the district court erred in admitting testimony from Mid-Kan's expert witness; (3) the district court…”
Turner v. Steele, 282 P.3d 632 (Kan. Ct. App. 2012). · cites it 3× “2010-C-3, under K.S.A. 60-601. Accordingly, the Landowners asserted that no sheriff s sale of the property should be conducted prior to the resolution of their quiet title action where the validity of the Turners’ hen would be determined.”
Boldridge v. Est. of Keimig, 564 P.2d 497 (Kan. 1977). “” (K.S.A. 60-601 [b] [Weeks].) Therefore, venue of an action to quiet title on the facts in this case was in Atchison County where the real estate in dispute was situated.”
Redmond v. Koch Oil Co. (In Re Kittle), 32 B.R. 690 (Bankr. D. Kan. 1983). · cites it 2× “K.S.A. § 60-601 (treated as real property for purposes of venue); K.”
Bicknell v. Kansas Dept. of Revenue (Kan. Ct. App. 2021). “See K.S.A. 2020 Supp. 60-601 et seq. Venue exists where BOTA's order was entered or where it is effective.”
— K.S.A. § 60-601(b) — 1 case
Turner v. Steele, 282 P.3d 632 (Kan. Ct. App. 2012). “2010-C-3, under K.S.A. 60-601. Accordingly, the Landowners asserted that no sheriff s sale of the property should be conducted prior to the resolution of their quiet title action where the validity of the Turners’ hen would be determined.”
— K.S.A. § 60-601(b)(1) — 1 case
Mid Kansas Agri Co. v. Pawnee Cnty. Coop. Ass'n (Kan. Ct. App. 2022). “The Co-op argues: (1) The district court's judgment is void because the matter should have been heard in Barton County based on the local venue requirement of K.S.A. 60-601; (2) the district court erred in admitting testimony from Mid-Kan's expert witness; (3) the district court…”
— K.S.A. § 60-601(b)(2) — 1 case
Nelson Energy Programs, Inc. v. Oil & Gas Tech. Fund, Inc., 143 P.3d 50 (Kan. Ct. App. 2006). “K.S.A. 60-601; see Terr. L. 1858, ch. 11, sec.”
— K.S.A. § 60-601(b)(l) — 1 case
Crone v. Nuss, 263 P.3d 809 (Kan. Ct. App. 2011). “K.S.A. 60-601(b)(l); K.S.A. 60-1002. We are unable to find any lack of jurisdiction as to the subject matter or the parties, and the Crones do not cite any legal authority in support of their argument.”
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