60-1108. Action by landowner for adjudication, cancellation. If any lien or liens are filed under the provisions of this article and no action to foreclose any of such liens is commenced, the owner of the land may file such owner's petition in the district court of the county in which such land is situated, making such lien claimants defendants therein, and praying for an adjudication of such lien or liens so claimed. If any such lien claimant shall fail to establish such claimant's lien, the court may tax against such claimant the whole or such portion of the costs of such action as may be just. If no action to foreclose or adjudicate any lien filed under the provisions of this article shall be instituted within the time provided in subsection (a) of K.S.A. 60-1105, and amendments thereto, the lien shall be considered canceled by limitation of law.
History: L. 1963, ch. 303, 60-1108; L. 1992, ch. 47, ยง 5; July 1.
Structure Kansas Statutes
Article 11 - Liens For Labor And Material
60-1101 Liens of contractors; priority.
60-1102 Filing and recording of lien statement; notice of extension.
60-1103a Subcontractors' liens; improvement of residential property.
60-1103b Subcontractors' liens; new residential property.
60-1105 Limitations and amendment.
60-1108 Action by landowner for adjudication, cancellation.
60-1109 Pro rata distribution.
60-1110 Bond to secure payment of claims.
60-1112 Certificate of deposit authorized for state capital improvement projects.