K.S.A. » Chapter 79
Kansas Statutes Annotated

K.S.A. § 79-2935 (2026)

Creation of indebtedness in excess of budget unlawful; exceptions

✓ current as of May 2026
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79-2935. Creation of indebtedness in excess of budget unlawful; exceptions. It shall be unlawful for the governing body of any taxing subdivision or municipality in any budget year to create an indebtedness in any manner or in any fund after the total indebtedness created against such fund shall equal the total amount of the adopted budget of expenditures for such fund for that budget year. Any indebtedness incurred by the governing body or any officer or officers of such taxing subdivision or municipality in excess of said amount shall be void as against such taxing subdivision or municipality: Provided, That indebtedness may be created in excess of the total amount of the adopted budget of expenditures for the current budget year only when payment has been authorized by a vote of the municipality, or when provision has been made for payment by the issuance of bonds, or when provision has been made for payment by the issuance of warrants authorized by the commission in accordance with the provisions of K.S.A. 79-2938, 79-2939 and 79-2940.

History: L. 1933, ch. 316, § 11; L. 1941, ch. 377, § 10; June 30.

Notes of Decisions
Cited in 7 cases, 1940–2020 · leading case: Greenlee v. Bd. of Cnty. Commissioners, 740 P.2d 606 (Kan. 1987).
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Greenlee v. Bd. of Cnty. Commissioners, 740 P.2d 606 (Kan. 1987). · cites it 2× “The budget law, K.S.A. 79-2935, makes it unlawful for the governing body of any taxing subdivision or municipality in any budget year to create an indebtedness in any manner or in any fund after the total indebtedness created against such fund shall equal the total amount of the…”
Shouse v. Bd. of Cnty. Commissioners, 99 P.2d 779 (Kan. 1940). · cites it 4× “” Section 79-2935 provides: “It shall sbe unlawful for the governing body of any taxing subdivision or municipality in any fiscal year to create an indebtedness in any manner, for any purpose or to approve, allow, issue, sign, attest or register any claim warrant, or other…”
Duckworth v. City of Kansas City, 758 P.2d 201 (Kan. 1988). “*392 K.S.A. 79-2935 provides that it is unlawful for a governing body to incur a debt, and any indebtedness “incurred” shall be void.”
Washington Twp. v. Hart, 215 P.2d 180 (Kan. 1950). · cites it 10× “This argument seems to make too much of a play on words — and this court takes the view that section 79-2935 anticipated the very thing that was later authorized by the enactment of section 80-1413.”
Int'l Ass'n of Firefighters Local 1596 v. City of Lawrence, 798 P.2d 960 (Kan. Ct. App. 1990). “K.S.A. 79-2935. The district court granted summary judgment to the City, ruling the Memorandum between the City and LPOA was not a contract.”
Jayhawk Racing Props., LLC v. City of Topeka, 432 P.3d 678 (Kan. Ct. App. 2018). · cites it 2× “K.S.A. 79-2935. But there are exceptions to both laws.”
Farmers Bank & Trust v. Homestead Cmty. Dev. (Kan. Ct. App. 2020). · cites it 3× “" K.S.A. 79-2935. 7 An appropriation for a fund "shall not be used for any other purpose.”
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