reglab/housing_qa huggingface dataset:
SD Codified L § 11-9-9 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-9 - Areas conducive to disease or crime defined as blighted.

11-9-9. Areas conducive to disease or crime defined as blighted.Any area, including slum area, in which the structures, buildings, or improvements, by reason of:(1)Dilapidation, age, or obsolescence;(2)Inadequate provisions for ventilation, light, air, sanitation, or open spaces;(3)High density of population and overcrowding;(4)The existence of conditions which endanger life or property by fire and other causes; or(5)Any combination of such factors;are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and which is detrimental to the public health, safety, morals, or welfare, is a blighted area. Source: SL 1978, ch 91, §2 (1).
SD Codified L § 11-9-10 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-10 - Developed areas impairing growth defined as blighted.

11-9-10. Developed areas impairing growth defined as blighted.Any area which by reason of:(1)The presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures;(2)Predominance of defective or inadequate street layouts;(3)Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;(4)Insanitary or unsafe conditions;(5)Deterioration of site or other improvements;(6)Diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the land;(7)Defective or unusual conditions of title;(8)The existence of conditions which endanger life or property by fire and other causes; or(9)Any combination of such factors;substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use, is a blighted area. Source: SL 1978, ch 91, §2 (2).
SD Codified L § 11-9-11 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-11 - Open areas impairing growth defined as blighted.

11-9-11. Open areas impairing growth defined as blighted.Any area which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of a municipality, is a blighted area. Source: SL 1978, ch 91, §2 (3).
SD Codified L § 11-9-12 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-12 - Determination of tax increment base on creation of district or amendment of plan.

11-9-12. Determination of tax increment base on creation of district or amendment of plan.On the creation of a district or adoption of any amendment subject to §11-9-23, the tax increment base of the district shall be determined as provided in §§11-9-20 to 11-9-25, inclusive. Source: SL 1978, ch 91, §10; SL 2018, ch 70, §15.
SD Codified L § 11-9-13 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-13 - Project plan for each district--Contents.

11-9-13. Project plan for each district--Contents.The planning commission shall adopt a project plan for each district and submit the plan to the governing body. The plan shall include:(1)The kind, number, and location of all proposed public works or improvements within the district;(2)An economic feasibility study;(3)A detailed list of estimated project costs;(4)A fiscal impact statement that shows the impact of the district, both until and after the bonds are repaid, on all entities levying taxes on property in the district; and(5)A description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred.No expenditure may be provided for in the plan more than five years after a district is created unless an amendment is adopted by the governing body pursuant to §11-9-23. Source: SL 1978, ch 91, §7 (5); SL 2011, ch 73, §4; SL 2018, ch 70, §16.
SD Codified L § 11-9-14 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-14 - Project costs defined.

11-9-14. Project costs defined.For the purposes of this chapter, the term, project costs, are any expenditures made or estimated to be made, or monetary obligations incurred or estimated to be incurred, by a municipality that are listed in a project plan as grants or costs of public works or improvements within a district, plus any incidental costs diminished by any income, special assessments, or other revenues, other than tax increments, received, or reasonably expected to be received, by the municipality in connection with the implementation of the plan. Source: SL 1978, ch 91, §3; SL 2011, ch 73, §5; SL 2018, ch 70, §17.
SD Codified L § 11-9-15 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-15 - Items included in project costs.

11-9-15. Items included in project costs.Project costs include:(1)Capital costs, including the actual costs of the construction of public works or improvements, buildings, structures, and permanent fixtures; the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and permanent fixtures; the acquisition of equipment; the clearing and grading of land; and the amount of interest payable on tax increment bonds issued pursuant to this chapter until such time as positive tax increments to be received from the district, as estimated by the project plan, are sufficient to pay the principal of and interest on the tax increment bonds when due;(2)Financing costs, including all interest paid to holders of evidences of indebtedness issued to pay for project costs, any premium paid over the principal amount thereof because of the redemption of obligations prior to maturity and a reserve for the payment of principal and interest on obligations in an amount determined by the governing body to be reasonably required for the marketability of obligations;(3)Real property assembly costs, including the actual cost of the acquisition by a municipality of real or personal property within a district less any proceeds to be received by the municipality from the sale, lease, or other disposition of property pursuant to a project plan;(4)Professional service costs, including those costs incurred for architectural, planning, engineering, and legal advice and services;(5)Imputed administrative costs, including reasonable charges for the time spent by municipal employees in connection with the implementation of a project plan;(6)Relocation costs;(7)Organizational costs, including the costs of conducting environmental impact and other studies and the costs of informing the public of the creation of a district and the implementation of project plans; and(8)Payments and grants made, at the discretion of the governing body, which are found to be necessary or convenient to the creation of a district, the implementation of project plans, or to stimulate and develop the general economic welfare and prosperity of the state. No payment or grant may be used for any residential structure pursuant to §11-9-42. Source: SL 1978, ch 91, §3; SL 1983, ch 37, §7; SL 2011, ch 73, §6; SL 2018, ch 70, §18.
SD Codified L § 11-9-16 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-16 - Additional contents of project plan.

11-9-16. Additional contents of project plan.The project plan for each district shall include:(1)A map showing the existing uses and conditions of real property in the district;(2)A map showing the proposed improvements and uses;(3)A map showing the proposed changes of zoning ordinances;(4)A statement listing changes needed in the master plan, map, building codes, and municipal ordinances;(5)A list of estimated nonproject costs; and(6)A statement of a proposed method for the relocation of persons to be displaced. Source: SL 1978, ch 91, §7 (5); SL 2018, ch 70, §19.
SD Codified L § 11-9-17 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-17 - Governing body resolution approving project plan--Findings.

11-9-17. Governing body resolution approving project plan--Findings.The governing body shall approve a project plan for each district. The approval by resolution shall contain findings that the plan is feasible and in conformity with the master plan, if any, of the municipality. Source: SL 1978, ch 91, §7 (6); SL 2018, ch 70, §20.
SD Codified L § 11-9-18 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-18 - Amendment to project plan--Procedure.

11-9-18. Amendment to project plan--Procedure.The planning commission may at any time adopt an amendment to a project plan which shall be subject to approval by the governing body in the same manner as an initial project plan. Source: SL 1978, ch 91, §8.
SD Codified L § 11-9-19 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-19 - Tax increment base defined.

11-9-19. Tax increment base defined.For purposes of this chapter, the term, tax increment base, is the aggregate assessed value of all taxable property located within a district on the date the district is created, as determined by §11-9-20. Source: SL 1978, ch 91, §5; SL 2018, ch 70, §21.
SD Codified L § 11-9-20 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-20 - Determination of tax increment base of district.

11-9-20. Determination of tax increment base of district.On application in writing by the municipal finance officer, on a form prescribed by the department, the department shall determine the aggregate assessed value of the taxable property in the district, which aggregate assessed value, on certification to the finance officer, shall constitute the tax increment base of the district. The application shall be accompanied by a detailed parcel list of the included legal descriptions, property ownership, and valuation as provided by the director of equalization office of the affected corresponding county. Except as provided for in §11-9-20.1, the department shall use the values as last previously certified by the department adjusted for the value to the date the district was created for any buildings or additions completed or removed and without regard to any reduction pursuant to §§1-19A-20, 10-6-137, and 10-6-144. Source: SL 1978, ch 91, § 11; SL 1991, ch 115, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2018, ch 70, § 22; SL 2020, ch 39, § 14; SL 2020, ch 43, § 1; SL 2021, ch 44, § 44.
SD Codified L § 11-9-20.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-20.1 - Aggregate assessed value for district not in compliance with § 10-6-121.

11-9-20.1. Aggregate assessed value for district not in compliance with §10-6-121.For the purpose of aggregate assessed value in §11-9-20, the department shall, for any district located within a county not in compliance with §10-6-121, determine the aggregate assessed value in order to reflect an aggregate assessed value as if there had been compliance with the requirements in §10-6-121. Source: SL 1991, ch 115, §3; SL 2021, ch 44, § 44.
SD Codified L § 11-9-21 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-21 - Indication on assessment rolls of parcels within district.

11-9-21. Indication on assessment rolls of parcels within district.The director of equalization shall indicate on the assessment roll required by §§10-3-28 and 10-6-153 each parcel of real property located within a district, including the name of the district the parcel is located in. Source: SL 1978, ch 91, §14; SL 2018, ch 70, §23; SL 2021, ch 44, § 44.
SD Codified L § 11-9-22 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-22 - Presumption as to property recently acquired or leased by municipality.

11-9-22. Presumption as to property recently acquired or leased by municipality.There is a rebuttable presumption that any property within a district acquired or leased as lessee by a municipality, or any agency or instrumentality of the municipality, within one year immediately preceding the date of the creation of the district was acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the municipality with proof that the real property was leased or acquired primarily for a purpose other than to reduce the tax increment base. If the presumption is not rebutted, for purposes of determining the tax increment base of the district, the taxable status of the real property is determined as though the lease or acquisition had not occurred. Source: SL 1978, ch 91, §13; SL 2018, ch 70, §24.
SD Codified L § 11-9-23 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-23 - Redetermination of tax increment base when project costs increased by amendment of plan.

11-9-23. Redetermination of tax increment base when project costs increased by amendment of plan.If the municipality adopts an amendment to the original project plan for any district that includes additional project costs for which tax increments may be received by the municipality, the tax increment base for the district shall be redetermined pursuant to §11-9-20. The tax increment base as redetermined under this section is effective for the purposes of this chapter only if it exceeds the original tax increment base determined pursuant to §11-9-20. The provisions of this section do not apply if the additional project costs are thirty-five percent or less than the amount approved in the original project plan and the additional project costs will be incurred before the expiration of the period specified in §11-9-13. Source: SL 1978, ch 91, §12; SL 2016, ch 74, §1; SL 2018, ch 70, §25.
SD Codified L § 11-9-24 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-24 - Annual notice by department of assessed value of real property and tax increment base--Change in laws not to result in lower assessed values--Conditions.

11-9-24. Annual notice by department of assessed value of real property and tax increment base--Change in laws not to result in lower assessed values--Conditions.The department shall annually give notice to the auditor or finance officer of all governmental entities having the power to levy taxes on real property within a district of both the assessed value of the real property and the assessed value of the tax increment base. The notice shall also explain that the taxes collected in excess of the base will be paid to the municipality as provided in §11-9-28. No change in the laws of this state affecting taxation of real property may result in a lower assessed value of the real property and the assessed value of the tax increment base if the district is in force and until bonds issued pursuant to this chapter are retired. Source: SL 1978, ch 91, §15; SL 1989, ch 125, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2018, ch 70, §26.
SD Codified L § 11-9-25 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-25 - Allocation to municipality of tax increments--Duration of allocation.

11-9-25. Allocation to municipality of tax increments--Duration of allocation.Positive tax increments of a district shall be allocated to the municipality that created the district for each year from the date when the district is created until the municipality has been reimbursed for expenditures previously made, has paid all monetary obligations, and has retired all outstanding tax increment bonds. However, in no event may the positive tax increments be allocated longer than twenty years after the calendar year of creation. Source: SL 1978, ch 91, §16; SL 1989, ch 125, §2; SL 2011, ch 73, §7; SL 2018, ch 70, §27.
SD Codified L § 11-9-26 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-26 - Tax increment defined.

11-9-26. Tax increment defined.For purposes of this chapter, the term, tax increment, is that amount obtained by multiplying the total county, municipal, school, and other local real property taxes levied on all taxable real property within a district in any year by a fraction having a numerator equal to that year's assessed value of all taxable real property in the district minus the tax increment base and a denominator equal to that year's assessed value of all taxable real property in the district. In any year, a tax increment is deemed positive if the tax increment base is less than the aggregate assessed value of taxable real property. A tax increment is deemed negative if the base exceeds the aggregate assessed value. Source: SL 1978, ch 91, §4; SL 2018, ch 70, §28.
SD Codified L § 11-9-27 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-27 - Taxation of property in district.

11-9-27. Taxation of property in district.With respect to the municipality, the county, school districts and any other local governmental body having the power to levy taxes on real property located within a district, the calculation of the assessed value of taxable real property in a district, for purposes of computing the dollar and cents rates of such taxing units, may not exceed the tax increment base of the district until the district is terminated. The dollar and cents rates of all taxing units shall be assessed and extended against all taxable real property in the district at its current assessed value. However, no change in the laws of this state affecting taxation of real property may result in a lesser rate for the tax increment base until the district is terminated pursuant to this chapter. Source: SL 1978, ch 91, §27; SL 1983, ch 37, §8; SL 1989, ch 125, §3; SL 2018, ch 70, §29.
SD Codified L § 11-9-28 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-28 - Payment to municipality of allocable tax increment.

11-9-28. Payment to municipality of allocable tax increment.Notwithstanding any other provision of law, each officer charged by law to collect and pay over or retain local real property taxes shall first, on the next settlement date provided by law, pay over to the municipal treasurer or finance officer out of all taxes collected that portion that represents a tax increment allocable to the municipality. Source: SL 1978, ch. 91, §17; SL 2018, ch 70, §30.
SD Codified L § 11-9-30 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-30 - Methods of paying project costs.

11-9-30. Methods of paying project costs.Payment of project costs may be made by any of the following methods or by any combination of methods:(1)Payment by the municipality from the special fund of the district;(2)Payment out of the municipality's funds;(3)Payment out of the proceeds of the sale of municipal bonds issued by the municipality under chapter 10-52 or 10-52A, or both;(4)Payment out of the proceeds of revenue bonds issued by the municipality under chapter 9-54; or(5)Payment out of the proceeds of the sale of tax increment bonds issued by the municipality under this chapter. Source: SL 1978, ch 91, §20; SL 2011, ch 73, §8; SL 2018, ch 70, §31.
SD Codified L § 11-9-31 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-31 - Tax increments deposited in special fund--Municipal appropriations to fund--Investment of moneys in fund.

11-9-31. Tax increments deposited in special fund--Municipal appropriations to fund--Investment of moneys in fund.All tax increments received in a district shall, upon receipt by the municipal treasurer or finance officer, be deposited into a special fund for the district. The municipal treasurer or finance officer may deposit additional moneys into the fund pursuant to an appropriation by the governing body. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other municipal funds. Source: SL 1978, ch 91, §18; SL 2018, ch 70, §32.
SD Codified L § 11-9-32 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-32 - Permissible uses of special fund.

11-9-32. Permissible uses of special fund.Moneys shall be paid out of the special fund created under §11-9-31 only to pay project costs or grants of the district, to reimburse the municipality for the payments, or to satisfy claims of holders of tax increment bonds issued for the district. Source: SL 1978, ch 91, §18; SL 2011, ch 73, §9; SL 2018, ch 70, §33.
SD Codified L § 11-9-33 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-33 - Bonds authorized for payment of project costs.

11-9-33. Bonds authorized for payment of project costs.For the purpose of paying project costs, the governing body may issue tax increment bonds payable out of positive tax increments. Source: SL 1978, ch 91, §21; SL 2011, ch 73, §10; SL 2018, ch 70, §34.
SD Codified L § 11-9-34 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-34 - Bonds or contracts authorized by resolution.

11-9-34. Bonds or contracts authorized by resolution.Tax increment bonds, contracts, or agreements shall be authorized by resolution of the governing body without a requirement of voter approval. Source: SL 1978, ch 91, §22; SL 2011, ch 73, §11; SL 2018, ch 70, §35.
SD Codified L § 11-9-35 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 09 - Tax Increment Financing Districts|Section 11-9-35 - Maximum amount of bonds--Maturity--Redemption--Bearer or registered--Denominations.

11-9-35. Maximum amount of bonds--Maturity--Redemption--Bearer or registered--Denominations.Tax increment bonds may not be issued in an amount exceeding the aggregate project costs. The bonds may not mature later than twenty years from the date the district was created. The bonds may contain a provision authorizing the redemption of the bonds, in whole or in part, at stipulated prices, at the option of the municipality, on any interest payment date and shall provide the method of selecting the bonds to be redeemed. The principal and interest on the bonds may be payable at any time and at any place. The bonds may be payable to the bearer or may be registered as to the principal or principal and interest. The bonds may be in any denominations. Source: SL 1978, ch 91, §23; SL 2011, ch 73, §12; SL 2018, ch 70, §36.