60-601. Actions concerning real property.
60-601
60-601. Actions concerning real property.The term real property, as used in this section, includes any interestor estate created by an oil, gas or mineral lease, or an oil, gas ormineral royalty. Actions concerning real property must be brought in thecounty designated in this section.
(a) Eminent domain actions. Eminent domain actions must be broughtin the county in which the real estate is situated, except if it be anentire tract situated in two or more counties and there is commonownership, the action may be brought in any county in which a part thereofis situated.
(b) Generally. The following actions must be brought in the countyin which the real estate is situated, except if it be an entire tractsituated in two or more counties, or if it consists of separate tractssituated in two or more counties, the action may be brought in any countyin which any tract or parts thereof is situated:
(1) Actions in ejectment or for the recovery of real property or anyestate or interest therein, or to determine adverse claims.
(2) Actions for the partition of real estate or any estate or interesttherein.
(3) Actions for the sale of real property or any estate or interesttherein, under a mortgage, lien or other encumbrance or charge.
(4) Actions to compel the specific performance of a contract for thesale of real property, or any estate or interest therein. Such action mayalso be brought in any county where the defendant or any one of thedefendants may reside.
(c) Transcript to other counties. Immediately after final judgmentthe clerk of the district court in which the action was brought shalltransmit a transcript of the proceedings to the clerk of the district courtin any other county wherein any real property may be affected by suchproceedings where the same shall be docketed and filed. The cost of suchtranscript and filing shall be taxed as costs of the case.
History: L. 1963, ch. 303, 60-601; L. 1970, ch.237, § 1; July 1.