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.

MISSOURI STATUTES AND CODES

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.

Division into eastern and westernportions--jurisdiction--venue--actions against county, wherefiled--transfer of cases, when--cases commenced prior todivision, effect--rules authorized.

478.461. 1. For the purposes of this section, JacksonCounty is hereby divided into an "eastern" portion and a"western" portion, as hereinafter described.

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

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 asthe remainder of Jackson County other than the aforesaid"western" portion. The boundaries as herein established arepermanently fixed geographically as of January 2, 1986, and arenot to be considered altered by reason of change of name orlocation of any of the roads or city limits to which reference ismade herein.

2. In determining territorial jurisdiction or venue ofactions or court proceedings within the sixteenth judicialcircuit, the following provisions shall apply:

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

(2) When, pursuant to law, territorial jurisdiction or venueof any action or court proceeding, civil or criminal, exceptthose proceedings brought pursuant to chapter 210 or 211, RSMo,is in that particular county, then the territorial jurisdictionor venue shall be in that portion of the circuit, or either, inwhich the factor, or factors, determinative of territorialjurisdiction or venue in the county, exist, arose, occurred, arecommitted, were taken or failed to be taken;

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

(4) Notwithstanding the foregoing provisions of thissection, the presiding judge of the sixteenth judicial circuitmay provide by order for the transfer of a case pending before acircuit or associate circuit judge of a division at Independenceto a division at Kansas City or from a division at Kansas City toa division at Independence, by agreement of all parties to anaction or when the presiding judge determines that such transferis necessary because one or more divisions in either portion ofJackson County have a disproportionate number of cases pending.

3. Any action or court proceeding commenced in the circuitcourt of judicial circuit number sixteen and which is notdetermined prior to January 2, 1986, shall continue in thedivision that it was in on January 2, 1986, unless change ofvenue is had or the judge is disqualified in the manner providedby law, or unless the action or proceeding is transferredpursuant to court rules.

4. This section shall become effective January 2, 1986,except that between the period of ninety days after adjournmentof the second regular session of the eighty-second generalassembly and January 2, 1986, courts in the sixteenth judicialcircuit may adopt rules in accordance with the provisions of thisact which shall be effective on or after January 2, 1986.