Kansas Statutes 60-4103. Jurisdiction and venue
Terms Used In Kansas Statutes 60-4103
- Interest holder: means a secured party within the meaning of the uniform commercial code, a mortgagee, lien creditor, judgment creditor or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. See Kansas Statutes 60-4102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Owner: means a person, other than an interest holder, who has an interest in property. See Kansas Statutes 60-4102
- Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible. See Kansas Statutes 60-4102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Venue: The geographical location in which a case is tried.
(a) The district court has jurisdiction under this act over:
(1) All interests in property if the property for which forfeiture is sought is within this state at the time the action is filed; or
(2) the interest of an owner or interest holder in the property if the owner or interest holder is subject to personal jurisdiction in this state.
(b) (1) In addition to the venue provided for under any other provision of law, a proceeding for forfeiture under this act may be commenced and maintained in the county in which any part of the property is found or in the county in which a civil or criminal action could be commenced and maintained against an owner or interest holder for the conduct alleged to give rise to the forfeiture.
(2) (A) Except as provided in subsection (b)(2)(B), any proceeding for forfeiture brought by the attorney general may be commenced and maintained in:
(i) Any county in which there is proper venue as provided in subsection (b)(1) or any other provision of law; or
(ii) Shawnee county unless a motion to change venue is properly filed with the court not later than 20 days after service of the petition commencing such proceeding. If such motion to change venue is properly filed, the court shall transfer the proceeding to another county in which there is proper venue as provided in subsection (b)(1) or any other provision of law.
(B) If a proceeding for forfeiture is brought by the attorney general and involves property, law enforcement agencies, or owners or interest holders of property in multiple counties, such proceeding may be commenced and maintained in:
(i) Shawnee county; or
(ii) any county in which there is proper venue as provided in subsection (b)(1) or any other provision of law.