Article 22.--LIS PENDENS AND JUDGMENT LIENS ON REAL PROPERTY
60-2203a.Notice of pendency of certain actions;liens; release; fees; authorized only by legislative enactment.(a) After the commencement of any action in any district court of thisstate, or the courts of the United States in the state of Kansas or inany action now pending heretofore commenced in such courts,which doesnot involve title to real estate, any party to such actionmay givenotice in any other county of the state of the pendency of the action byfiling for record with the clerk of the district court of such othercounty a verified statement setting forth the parties to the action, thenature of the action, the court in which it is pending, and the reliefsought, which shall impart notice of the pendency of the action andshall result in the same lien rights as if the action were pending inthat county. The lien shall be effective from the time the statement isfiled, but not to exceed four months prior to the entry of judgmentexcept as provided in subsection (c).The party filing such notice shall within 30 daysafter anysatisfaction of the judgment entered in such action, or any other finaldisposition thereof, cause to be filed with such clerk of the districtcourt a notice that all claims in such action are released. If the partyfiling fails or neglects to do so after reasonabledemand by any party ininterest, such party shall be liable in damages in thesame amounts andmanner as is provided by law for failure of a mortgagee to entersatisfaction of a mortgage. Upon the filing of such a notice of thependency of an action the clerk shall charge a fee of $14and shall enter and index the action in the same manner as for thefiling of an original action. Upon the filing of a notice of release,the notice shall likewise be entered on the docket.Except as provided further, the fee established in this subsection shall betheonly fee collected or moneys in the nature of a fee collected for the courtprocedure. Such fee shall only be established by an act of the legislature andno other authority is established by law or otherwise to collect a fee. On andafter July 1, 2009 through June 30, 2010, the supreme court may impose anadditional charge, not to exceed $10 per fee, to fund the costs of non-judicialpersonnel.
(b) Any notice of the type provided for in subsection (a) which wasfiled on or after January 10, 1977, and prior to the effective date ofthis act shall be deemed to impart notice of the pendency of the actionin the same manner as if the provisions of subsection (a) were in forceand effect on and after January 10, 1977.
(c) Notwithstanding the foregoing provisions of this section, the filingof a notice of the pendency of an action pursuant to subsection (a) shallcreate no lien rights against the property of an employee of the state ora municipality prior to the date judgment is rendered if the pleadings inthe pending action allege a negligent or wrongful act or omission of theemployee while acting within the scope of suchemployee's employment, regardlessof whether or not it is alleged in the alternative that the employee wasacting outside of such employee's employment. Ajudgment against an employeeshall become a lien upon such employee's property in the county where noticeis filed pursuant to subsection (a) when the judgment is rendered only ifit is found that (1) the employee's negligent or wrongful act or omissionoccurred when the employee was acting outside the scope ofsuch employee's employmentor (2) the employee's conduct which gave rise to the judgment was becauseof actual fraud or actual malice of the employee. In such casesthe lienshall not be effective prior to the date judgment was rendered. As usedin this subsection (c), "employee" shall have the meaning ascribed to suchterm in K.S.A. 75-6102, and amendments thereto.
History: L. 1977, ch. 112, § 28; L. 1979, ch. 186, § 25;L. 2006, ch. 215, § 13;L. 2008, ch. 95, § 14;L. 2009, ch. 116, § 24; July 1.
Article 22.--LIS PENDENS AND JUDGMENT LIENS ON REAL PROPERTY
60-2203a.Notice of pendency of certain actions;liens; release; fees; authorized only by legislative enactment.(a) After the commencement of any action in any district court of thisstate, or the courts of the United States in the state of Kansas or inany action now pending heretofore commenced in such courts,which doesnot involve title to real estate, any party to such actionmay givenotice in any other county of the state of the pendency of the action byfiling for record with the clerk of the district court of such othercounty a verified statement setting forth the parties to the action, thenature of the action, the court in which it is pending, and the reliefsought, which shall impart notice of the pendency of the action andshall result in the same lien rights as if the action were pending inthat county. The lien shall be effective from the time the statement isfiled, but not to exceed four months prior to the entry of judgmentexcept as provided in subsection (c).The party filing such notice shall within 30 daysafter anysatisfaction of the judgment entered in such action, or any other finaldisposition thereof, cause to be filed with such clerk of the districtcourt a notice that all claims in such action are released. If the partyfiling fails or neglects to do so after reasonabledemand by any party ininterest, such party shall be liable in damages in thesame amounts andmanner as is provided by law for failure of a mortgagee to entersatisfaction of a mortgage. Upon the filing of such a notice of thependency of an action the clerk shall charge a fee of $14and shall enter and index the action in the same manner as for thefiling of an original action. Upon the filing of a notice of release,the notice shall likewise be entered on the docket.Except as provided further, the fee established in this subsection shall betheonly fee collected or moneys in the nature of a fee collected for the courtprocedure. Such fee shall only be established by an act of the legislature andno other authority is established by law or otherwise to collect a fee. On andafter July 1, 2009 through June 30, 2010, the supreme court may impose anadditional charge, not to exceed $10 per fee, to fund the costs of non-judicialpersonnel.
(b) Any notice of the type provided for in subsection (a) which wasfiled on or after January 10, 1977, and prior to the effective date ofthis act shall be deemed to impart notice of the pendency of the actionin the same manner as if the provisions of subsection (a) were in forceand effect on and after January 10, 1977.
(c) Notwithstanding the foregoing provisions of this section, the filingof a notice of the pendency of an action pursuant to subsection (a) shallcreate no lien rights against the property of an employee of the state ora municipality prior to the date judgment is rendered if the pleadings inthe pending action allege a negligent or wrongful act or omission of theemployee while acting within the scope of suchemployee's employment, regardlessof whether or not it is alleged in the alternative that the employee wasacting outside of such employee's employment. Ajudgment against an employeeshall become a lien upon such employee's property in the county where noticeis filed pursuant to subsection (a) when the judgment is rendered only ifit is found that (1) the employee's negligent or wrongful act or omissionoccurred when the employee was acting outside the scope ofsuch employee's employmentor (2) the employee's conduct which gave rise to the judgment was becauseof actual fraud or actual malice of the employee. In such casesthe lienshall not be effective prior to the date judgment was rendered. As usedin this subsection (c), "employee" shall have the meaning ascribed to suchterm in K.S.A. 75-6102, and amendments thereto.
History: L. 1977, ch. 112, § 28; L. 1979, ch. 186, § 25;L. 2006, ch. 215, § 13;L. 2008, ch. 95, § 14;L. 2009, ch. 116, § 24; July 1.
Article 22.--LIS PENDENS AND JUDGMENT LIENS ON REAL PROPERTY
60-2203a.Notice of pendency of certain actions;liens; release; fees; authorized only by legislative enactment.(a) After the commencement of any action in any district court of thisstate, or the courts of the United States in the state of Kansas or inany action now pending heretofore commenced in such courts,which doesnot involve title to real estate, any party to such actionmay givenotice in any other county of the state of the pendency of the action byfiling for record with the clerk of the district court of such othercounty a verified statement setting forth the parties to the action, thenature of the action, the court in which it is pending, and the reliefsought, which shall impart notice of the pendency of the action andshall result in the same lien rights as if the action were pending inthat county. The lien shall be effective from the time the statement isfiled, but not to exceed four months prior to the entry of judgmentexcept as provided in subsection (c).The party filing such notice shall within 30 daysafter anysatisfaction of the judgment entered in such action, or any other finaldisposition thereof, cause to be filed with such clerk of the districtcourt a notice that all claims in such action are released. If the partyfiling fails or neglects to do so after reasonabledemand by any party ininterest, such party shall be liable in damages in thesame amounts andmanner as is provided by law for failure of a mortgagee to entersatisfaction of a mortgage. Upon the filing of such a notice of thependency of an action the clerk shall charge a fee of $14and shall enter and index the action in the same manner as for thefiling of an original action. Upon the filing of a notice of release,the notice shall likewise be entered on the docket.Except as provided further, the fee established in this subsection shall betheonly fee collected or moneys in the nature of a fee collected for the courtprocedure. Such fee shall only be established by an act of the legislature andno other authority is established by law or otherwise to collect a fee. On andafter July 1, 2009 through June 30, 2010, the supreme court may impose anadditional charge, not to exceed $10 per fee, to fund the costs of non-judicialpersonnel.
(b) Any notice of the type provided for in subsection (a) which wasfiled on or after January 10, 1977, and prior to the effective date ofthis act shall be deemed to impart notice of the pendency of the actionin the same manner as if the provisions of subsection (a) were in forceand effect on and after January 10, 1977.
(c) Notwithstanding the foregoing provisions of this section, the filingof a notice of the pendency of an action pursuant to subsection (a) shallcreate no lien rights against the property of an employee of the state ora municipality prior to the date judgment is rendered if the pleadings inthe pending action allege a negligent or wrongful act or omission of theemployee while acting within the scope of suchemployee's employment, regardlessof whether or not it is alleged in the alternative that the employee wasacting outside of such employee's employment. Ajudgment against an employeeshall become a lien upon such employee's property in the county where noticeis filed pursuant to subsection (a) when the judgment is rendered only ifit is found that (1) the employee's negligent or wrongful act or omissionoccurred when the employee was acting outside the scope ofsuch employee's employmentor (2) the employee's conduct which gave rise to the judgment was becauseof actual fraud or actual malice of the employee. In such casesthe lienshall not be effective prior to the date judgment was rendered. As usedin this subsection (c), "employee" shall have the meaning ascribed to suchterm in K.S.A. 75-6102, and amendments thereto.
History: L. 1977, ch. 112, § 28; L. 1979, ch. 186, § 25;L. 2006, ch. 215, § 13;L. 2008, ch. 95, § 14;L. 2009, ch. 116, § 24; July 1.
