Section 478.461

Title XXXII COURTS

Chapter 478

Effective - 02 Jan 1986, see footnote   

  478.461.  Division into eastern and western portions — jurisdiction — venue — actions against county, where filed — transfer of cases, when — cases commenced prior to division, effect — rules authorized. — 1.  For the purposes of this section, Jackson County is hereby divided into an "eastern" portion and a "western" portion, as hereinafter described.

  (1)  The "western" portion of Jackson County is described as follows:

Beginning in the middle of the main channel of the Missouri River, at a point where the easterly city limits of the city of Kansas City intersects the same; thence southerly along said easterly city limits of the city of Kansas City and following the meanderings of same to the intersection of said easterly city limits with the center line of Blue Ridge Boulevard (just north of U.S. Highway No. 24); thence southerly along the center line of Blue Ridge Boulevard to its intersection with the center line of Blue Ridge Cut-Off (at about 33rd Street); thence southerly along the center line of Blue Ridge Cut-Off to its intersection with the center line of Blue Ridge Boulevard Extension (at about 66th Street); thence southerly along the center line of Blue Ridge Boulevard Extension to its intersection with the center line of 87th Street; thence easterly along the center line of 87th Street to its intersection with the center line of Raytown Road; thence southerly along the center line of Raytown Road to its intersection with the center line of Outer Belt Road; thence easterly along the center line of Outer Belt Road to its intersection with the center line of Peterson Road; thence southerly along the center line of Peterson Road to its intersection with the boundary between Jackson County and Cass County; thence westerly along said boundary between Jackson County and Cass County to its intersection with the western boundary line of the state of Missouri; thence northerly along the western boundary line of the state of Missouri to its intersection with the middle of the main channel of the Missouri River; thence down said river, in the middle of the main channel thereof, to the place of beginning.

  (2)  The "eastern" portion of Jackson County is described as the remainder of Jackson County other than the aforesaid "western" portion.  The boundaries as herein established are permanently fixed geographically as of January 2, 1986, and are not to be considered altered by reason of change of name or location of any of the roads or city limits to which reference is made herein.

  2.  In determining territorial jurisdiction or venue of actions or court proceedings within the sixteenth judicial circuit, the following provisions shall apply:

  (1)  When, pursuant to law, territorial jurisdiction or venue of any action or court proceeding, civil or criminal, is in the sixteenth judicial circuit, then the territorial jurisdiction or venue shall be in either the western portion or the eastern portion of the circuit;

  (2)  When, pursuant to law, territorial jurisdiction or venue of any action or court proceeding, civil or criminal, except those proceedings brought pursuant to chapter 210 or 211, is in that particular county, then the territorial jurisdiction or venue shall be in that portion of the circuit, or either, in which the factor, or factors, determinative of territorial jurisdiction or venue in the county, exist, arose, occurred, are committed, were taken or failed to be taken;

  (3)  Actions against the county may be commenced in either of the two portions of the circuit;

  (4)  Notwithstanding the foregoing provisions of this section, the presiding judge of the sixteenth judicial circuit may provide by order for the transfer of a case pending before a circuit or associate circuit judge of a division at Independence to a division at Kansas City or from a division at Kansas City to a division at Independence, by agreement of all parties to an action or when the presiding judge determines that such transfer is necessary because one or more divisions in either portion of Jackson County have a disproportionate number of cases pending.

  3.  Any action or court proceeding commenced in the circuit court of judicial circuit number sixteen and which is not determined prior to January 2, 1986, shall continue in the division that it was in on January 2, 1986, unless change of venue is had or the judge is disqualified in the manner provided by law, or unless the action or proceeding is transferred pursuant to court rules.

  4.  This section shall become effective January 2, 1986, except that between the period of ninety days after adjournment of the second regular session of the eighty-second general assembly and January 2, 1986, courts in the sixteenth judicial circuit may adopt rules in accordance with the provisions of this act which shall be effective on or after January 2, 1986.

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(L. 1985 S.B. 256 §§ 1, 2, A)

Effective 1-02-86