Kentucky Revised Statutes
Ky. Rev. Stat. § 452.105 (2026)
Transfer of case on party's motion upon determination of improper venue
✓ current as of May 2026
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In civil actions, when the judge of the court in which the case was filed determines that the court lacks venue to try the case due to an improper venue, the judge, upon motion of a party, shall transfer the case to the court with the proper venue. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 420, sec. 1, effective July 14, 2000.
Notes of Decisions
Cited in 15
cases (3 in the last 5 years), 2003–2026 · leading case: Dollar Gen. Stores, Ltd. v. Smith, 237 S.W.3d 162 (Ky. 2007).
Dollar Gen. Stores, Ltd. v. Smith, 237 S.W.3d 162 (Ky. 2007). “McAnulty was rendered, the General Assembly adopted KRS 452.105, a statute mandating trial court transfer of cases upon a determination that the venue selected is improper.”
Seymour Charter Buslines, Inc. v. Hopper, 111 S.W.3d 387 (Ky. 2003). “Pursuant to KRS 452.105, the circuit judge granted the motion to transfer over the objection of Seymour.”
Abbott v. Chesley, 413 S.W.3d 589 (Ky. 2013). “Appellants argue that “venue was improper in Boone County and KRS 452.105 requires by its clear terms that the Boone *606 County [Circuit] Court transfer the case to the court with proper venue.”
Fritsch v. Caudill, 146 S.W.3d 926 (Ky. 2004). “Unlike jurisdiction, however, venue may be conferred by waiver, 3 and KRS 452.105 permits a trial court to transfer venue from one court to another when it determines that the venue of the selected forum is improper.”
Stipp v. Charles, 291 S.W.3d 720 (Ky. Ct. App. 2009). “If it were otherwise, KRS 452.105 4 arguably would have required the Jefferson Family Court to transfer the case even if Michael had made the motion during the final hearing.”
Gibson v. Fuel Transp., Inc., 410 S.W.3d 56 (Ky. 2013). “KRS 452.105 requires a judge to transfer a case upon motion and finding that venue is improper.”
Louisville Gas & Elec. Co. v. Kentucky Waterways All., 517 S.W.3d 479 (Ky. 2017). “KM70, the proper venue was Franklin Circuit Court; and (3) that both KRS 452.105, the venue transfer statute, and Dollar Gen.”
Curry v. Curry, 430 S.W.3d 909 (Ky. Ct. App. 2014). “Moreover, pursuant to KRS 452.105, “[i]n civil actions, when the judge of the court in which the case was filed determines that the court lacks venue to try the case due to an improper venue, the judge, upon motion of a party, shall transfer the case to the court with the proper…”
Dollar Gen. Stores, Ltd. v. Mabel Rose Smith, No. 2005 SC 000867 (Ky. Nov. 1, 2007). “This statute has been construed as requiring transfer rather than dismissal .. KRS 452.105 and our decisions construing it firmly establish that where venue is improper, the remedy is transfer rather than dismissal .”
Alan Ferrara v. Tony Brandon Miller, No. 2021 CA 001440 (Ky. Ct. App. Sept. 29, 2022). “Rather, KRS 452.105 provides that, “[i]n civil actions, when the judge of the court in which the case was filed determines that the court lacks venue to try the case due to an improper venue, the judge, upon motion of a party, shall transfer the case to the court with the proper…”
John D. Sandlin v. Hon Vernon Miniard Jr Circuit Judge, Russell Circuit Court, No. 2014 SC 000322 (Ky. Feb. 18, 2015). “2007) (discussing KRS 452.105). As noted by this Court, "[s]hortly after Beaven v.”
John D. Sandlin v. Hon Vernon Miniard Jr Circuit Judge, Russell Circuit Court, No. 2014 SC 000322 (Ky. Mar. 16, 2015). “2007) (discussing KRS 452.105). As noted by this Court, "[s]hortly after Beaven v.”
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