reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-25 - Voluntary acquisition of project property by commission member or employee prohibited--Disclosure of interest--Violation as misdemeanor.

11-7-25. Voluntary acquisition of project property by commission member or employee prohibited--Disclosure of interest--Violation as misdemeanor.
No commissioner or employee of a commission may voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any project. If any commissioner or employee of a commission previously owned or controlled an interest, direct or indirect, in any property included or planned to be included in any project, or presently has such interest, he immediately shall disclose such interest in writing to the commission, and such disclosure shall be entered upon the minutes of the commission. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1950 (SS), ch 13, §4; SDC Supp 1960, §45.3604; SL 1982, ch 86, §79.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-26 - Payments in lieu of taxes on property.

11-7-26. Payments in lieu of taxes on property.
A commission shall further have power to make such payments in lieu of taxes to the first or second class municipality or the county, the state or any political subdivision thereof, as it finds consistent with this chapter.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (1); SDC Supp 1960, §45.3607 (3) (a); SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-27 - Cooperation with federal government or state in carrying out projects.

11-7-27. Cooperation with federal government or state in carrying out projects.
A commission shall have further power to cooperate with or act as agent for the federal government, the state or any state public body, or any agency or instrumentality of the foregoing, in carrying out any of the provisions of this chapter or any other related federal, state, or local legislation.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (2); SDC Supp 1960, §45.3607 (3) (b).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-28 - Acceptance of grants and loans--Power to make loans.

11-7-28. Acceptance of grants and loans--Power to make loans.
A commission shall have further power to borrow and loan money or other property and accept contributions, grants, gifts, services, or other assistance from the federal government, state public bodies, or from any other public or private sources. A commission shall not have the power to loan money when available from private sources.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (3); SDC Supp 1960, §45.3607 (3) (c); SL 1975, ch 118, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-29 - Compliance with conditions for federal aid--Conveyance to federal government on default.

11-7-29. Compliance with conditions for federal aid--Conveyance to federal government on default.
A commission shall have further power to include in any contract for financial assistance with the federal government any conditions which the federal government may attach to its financial aid of a project, not inconsistent with the purposes of this chapter; and in any contract with the federal government for annual contributions to a commission, the commission may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the federal government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the commission is subject; such contract may further provide that in case of such conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the commission the project as then constituted.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (4); SDC Supp 1960, §45.3607 (3) (d).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-30 - Power to issue evidences of indebtedness.

11-7-30. Power to issue evidences of indebtedness.
A commission shall have further power to issue bonds, notes, or other evidences of indebtedness, as hereinafter provided.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (5); SDC Supp 1960, §45.3607 (3) (e).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-31 - Power to invest reserve and debt service funds.

11-7-31. Power to invest reserve and debt service funds.
A commission shall have further power to invest any funds held in reserves or debt service funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (6); SDC Supp 1960, §45.3607 (3) (f).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-32 - Power to determine slum and blighted areas.

11-7-32. Power to determine slum and blighted areas.
A commission shall have further power within its area of operation to determine where slum or blighted areas exist or where there is unsafe, insanitary, or overcrowded housing.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (7); SDC Supp 1960, §45.3607 (3) (g).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-33 - Power to establish income standards for admission to housing projects.

11-7-33. Power to establish income standards for admission to housing projects.
A commission shall have further power to establish and revise from time to time the maximum amount of income of tenants entitled to admission to housing projects of a commission, subject to the qualifications contained in this chapter.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (8); SDC Supp 1960, §45.3607 (3) (h).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-34 - Power to make and disseminate housing and economic studies and analyses.

11-7-34. Power to make and disseminate housing and economic studies and analyses.
A commission shall have further power to undertake and carry out studies and analyses of the housing and redevelopment needs within its area of operation and of the meeting of these needs (including data with respect to population and family groups and the distribution thereof according to income groups, the amount and quality of available housing and its distribution according to rentals and sales prices, employment, wages, desirable patterns for land use and community growth, and other factors affecting the local housing and redevelopment needs and the meeting thereof) and to make the results of those studies and analyses available to the public and the building, housing, and supply industries; and to engage in research and disseminate information on housing and redevelopment.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (9); SDC Supp 1960, §45.3607 (3) (i).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-35 - Power to prepare plan for municipal or county development.

11-7-35. Power to prepare plan for municipal or county development.
A commission shall have further power to prepare or cause to be prepared a general plan for the development of the municipality as a whole or the county as applicable, when the municipality or county does not have a planning agency or such plan has not been prepared.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (10); SDC Supp 1960, §45.3607 (3) (j); SL 1968, ch 186, §5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-36 - Power to rent accommodations, buildings, and facilities.

11-7-36. Power to rent accommodations, buildings, and facilities.
A commission shall have further power to lease or rent any dwellings, accommodations, lands, buildings, structures, or facilities embraced in any project and (subject to the limitations contained in this chapter with respect to the rental of dwellings in housing projects) to establish and revise the rents or charges therefor.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (11); SDC Supp 1960, §45.3607 (3) (k).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-37 - Power to hold, improve, lease, or dispose of property.

11-7-37. Power to hold, improve, lease, or dispose of property.
A commission shall have further power to own, hold, and improve real or personal property and to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest therein.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (12); SDC Supp 1960, §45.3607 (3) (1).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-38 - Power to insure property.

11-7-38. Power to insure property.
A commission shall have further power to insure or provide for the insurance of any real or personal property or operations of the commission against any risks or hazards.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (13); SDC Supp 1960, §45.3607 (3) (m).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-39 - Power to obtain federal or state guaranty of bonds--Premiums.

11-7-39. Power to obtain federal or state guaranty of bonds--Premiums.
A commission shall have further power to procure or agree to the procurement of federal or state government insurance or guaranties of the payment of any bonds or parts thereof issued by a commission, including the power to pay premiums on such insurance or guaranties.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (14); SDC Supp 1960, §45.3607 (3) (n).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-40 - Power to contract for services and facilities of other agencies--Enforcement of federal labor standard requirements.

11-7-40. Power to contract for services and facilities of other agencies--Enforcement of federal labor standard requirements.
A commission shall have further power to arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities, for, or in connection with its projects; and to agree to conditions, not inconsistent with the purposes of this chapter, attached to federal financial assistance pursuant to federal law relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or administration of projects, and to include in any contract awarded or entered into in connection with a project, stipulations requiring that the contractor and all subcontractors comply with requirements as to minimum salaries or wages, maximum hours of labor, and other labor standards as may be required for federal aid and are consistent with the purposes of this chapter.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (15); SDC Supp 1960, §45.3607 (3) (o).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-41 - Power to make expenditures.

11-7-41. Power to make expenditures.
A commission shall have further power to make such expenditures as may be necessary to carry out the purposes of this chapter.
Source:
SL 1950 (SS), ch 13, §7, subdiv 3 (16); SDC Supp 1960, §45.3607 (3) (p).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-42 - Exercise of combination of powers.

11-7-42. Exercise of combination of powers.
A commission may exercise all or any part or combination of the powers granted by this chapter within its area of operation.
Source:
SL 1950 (SS), ch 13, §7, subdiv 4; SDC Supp 1960, §45.3607 (4).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-43 - Projects subject to zoning, sanitary, and building regulations.

11-7-43. Projects subject to zoning, sanitary, and building regulations.
All projects of a commission shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the project is situated.
Source:
SL 1950 (SS), ch 13, §7, subdiv 5; SDC Supp 1960, §45.3607 (5).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-44 - Work contracts and purchases to be awarded on competitive bids.

11-7-44. Work contracts and purchases to be awarded on competitive bids.
Any construction work, and work of demolition or clearing, and any purchase of equipment, supplies, or materials, necessary in carrying out the purposes of this chapter, shall be awarded pursuant to the provisions of chapters 5-18A and 5-18B.
Source:
SL 1950 (SS), ch 13, §10; SDC Supp 1960, §45.3610; SL 1978, ch 90; SL 1985, ch 101, §1; SL 2011, ch 2, §121.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-49 - Approval required for initiation of low-rent housing projects.

11-7-49. Approval required for initiation of low-rent housing projects.
A commission may not initiate any low-rent housing project and may not enter into any contract with respect thereto unless the governing body of the municipality or the county as applicable has by resolution approved a resolution of necessity by the commission for the provision of low-rent housing projects. Upon consideration of the resolution of necessity, the governing body shall publish in its official newspaper one week prior to final action by the governing body on the resolution of necessity notice that the final action will be made.
Source:
SL 1950 (SS), ch 13, §11; SDC Supp 1960, §45.3611 (1); SL 1967, ch 225, §1; SL 1968, ch 186, §7; SL 1969, ch 184, §1; SL 1982, ch 60, §3; SL 1987, ch 117, §5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-49.1 - Construction of low-rent housing project by housing and redevelopment commission upon approval.

11-7-49.1. Construction of low-rent housing project by housing and redevelopment commission upon approval.
If the governing body of the municipality or county as applicable has approved a specific project pursuant to §11-7-53, the housing and redevelopment commission of that municipality or county may initiate, construct, and carry on such public low-rent housing project. If such governing body does not so give its approval, then the housing and redevelopment commission may not initiate such low-rent housing project in the municipality or county as applicable.
Source:
SDC Supp 1960, §45.3611 (2) as enacted by SL 1969, ch 184, §2; SL 1987, ch 117, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-53 - Approval by governing body required for low-rent housing project.

11-7-53. Approval by governing body required for low-rent housing project.
A commission may not initiate any low-rent housing project or enter into any contract with respect thereto unless the governing body of the municipality or the county as applicable has by resolution approved the provision of that specific low-rent housing project.
Source:
SL 1950 (SS), ch 13, §11; SDC Supp 1960, §45.3611 (1); SL 1967, ch 225, §1; SL 1968, ch 186, §7; SL 1969, ch 184, §1; SL 1987, ch 117, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-53.1 - Housing development project--Necessity--Eminent domain requirements--Sale or lease of interest to private developers--Sale or lease for other purposes--Power of commission.

11-7-53.1. Housing development project--Necessity--Eminent domain requirements--Sale or lease of interest to private developers--Sale or lease for other purposes--Power of commission.
Before carrying out a housing development project, a commission shall find that the project is necessary to alleviate a shortage of decent, safe, and sanitary housing for persons of low or moderate income and their families as such income is determined by the commission. No housing development project involving the use of the power of eminent domain may be carried out by a commission without the prior approval of the governing body of the municipality in which the project is located. A housing development project or any interest in the housing development project may be sold or leased to private developers before, during, or after the completion of construction of improvements on the project. The sale or lease shall be in accordance with the provisions of this chapter, except that any provisions requiring conformance to a redevelopment plan are not applicable. The sale or lease may be made for other than housing purposes if the commission finds that changed circumstances arising subsequent to the acquisition of the project make a sale or lease for housing purposes inappropriate. Nothing in this section limits the power of the commission to acquire or dispose of real property pursuant to this chapter, except that any exercise of the power of eminent domain may not be carried out by an authority without the prior approval of the governing body of the municipality in which the housing development project is located. The authority may transfer such real property in accordance with this chapter before, during, or after the completion of construction, rehabilitation, or improvements on the property.
Source:
SL 1995, ch 80, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-53.2 - Approval of housing development project plan required before issuance of bonds or obligations.

11-7-53.2. Approval of housing development project plan required before issuance of bonds or obligations.
Before the issuance of bonds or obligations for a housing development project proposed by a commission under §11-7-53.1, the commission shall prepare and submit for the governing body's approval a plan addressing the following requirements:
(1)The housing needs of the municipality and the data demonstrating those needs;
(2)The plan of the municipality to meet identified housing needs, and the specific methods to be used to carry out the plan;
(3)Target areas, if any, of the municipality for each method; and
(4)A general description of the program or programs to be implemented to meet the housing needs identified in the plan.
Source:
SL 1995, ch 80, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-53.3 - Competitive bidding on construction of housing development project.

11-7-53.3. Competitive bidding on construction of housing development project.
A commission need not require competitive bidding on the construction or development of a housing development project if:
(1)The project is financed with the proceeds of bonds issued under this chapter or from nongovernmental sources;
(2)The project is either located on land that is owned or is being acquired by the commission only for development purposes, or is not owned by the commission at the time the contract is entered into but the contract provides for conveyance or lease to the commission of the project or improvements upon completion of construction; and
(3)The commission finds and determines that elimination of the public bidding requirements is necessary in order for the housing development project to be economical and feasible.
Source:
SL 1995, ch 80, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-56 - Purchase or lease of existing buildings in lieu of new construction for housing project.

11-7-56. Purchase or lease of existing buildings in lieu of new construction for housing project.
In order to conserve the existing housing supply, a commission is authorized to purchase or lease or otherwise acquire existing buildings for low-rent housing whenever this is feasible, in lieu of new construction. All provisions of this chapter relating to other low-rent housing projects shall be applicable to such projects.
Source:
SL 1950 (SS), ch 13, §17; SDC Supp 1960, §45.3617.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-57 - Conditions required for purchase or lease of existing buildings for housing project.

11-7-57. Conditions required for purchase or lease of existing buildings for housing project.
Before proceeding with a project under §11-7-56 a commission shall make an analysis demonstrating:
(1)The buildings to be acquired shall be in such condition that it is feasible to remodel, repair, or reconstruct them and the buildings, when rehabilitated will provide decent, safe, and sanitary housing;
(2)The rehabilitation of the buildings comprising the project will prevent or arrest the spread of blight so as to protect the neighborhood in which the buildings are located;
(3)The rehabilitated buildings will provide low-rent housing and will otherwise accomplish the purposes of this chapter.
Source:
SL 1950 (SS), ch 13, §17; SDC Supp 1960, §45.3617.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-58 - Low-rent policy--Operation of housing projects for profit prohibited--Costs to be covered by rentals.

11-7-58. Low-rent policy--Operation of housing projects for profit prohibited--Costs to be covered by rentals.
Each commission shall manage and operate its housing projects in an efficient manner to enable it to fix the rentals or payments for dwelling accommodations at rates consistent with its providing decent, safe, and sanitary dwelling accommodations for persons of low income, and no commission shall construct or operate any housing project for profit, or as source of revenue to the municipality or the county. To this end a commission shall fix the rentals or payments for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenues which (together with all other available moneys, revenues, income, and receipts of the commission from whatever sources derived) will be sufficient:
(1)To pay, as the same become due, the principal and interest on the bonds of the commission issued for housing projects;
(2)To create and maintain such reserves as may be required to assure the payment of principal and interest as they become due on such bonds;
(3)To meet the cost of and to provide for, maintaining and operating the housing projects (including necessary reserves therefor and the cost of any insurance) and the administrative expenses of the commission; and
(4)To make payments in lieu of taxes consistent with maintaining the low-rent character of the projects.
Source:
SL 1950 (SS), ch 13, §12; SDC Supp 1960, §45.3612; SL 1968, ch 186, §8.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-59 - Income and accommodation standards in selection of tenants and rental of housing projects.

11-7-59. Income and accommodation standards in selection of tenants and rental of housing projects.
In the operation or management of housing projects, a commission shall at all times observe the following duties with respect to rentals and tenant admissions:
(1)It may rent or lease the dwelling accommodations therein only to persons of low income and at rentals within the financial reach of such persons of low income;
(2)It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding; and
(3)A commission in its operations shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have, at the time of admission an aggregate annual net income, less an exemption of one hundred dollars for each minor member of the family other than the head of the family and his spouse, in excess of five times the annual rental of the quarters to be furnished such person or persons; in computing the rental for the purpose of admitting tenants, there shall be included in the rental the average annual cost (as determined by the commission) to occupants of heat, water, electricity, gas, cooking fuel, and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental;
provided, that, notwithstanding any other provisions of this chapter, a commission may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the commission.
Source:
SL 1950 (SS), ch 13, §13, subdiv 1; SDC Supp 1960, §45.3613 (1).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-60 - Noncitizens not accepted as tenants in housing projects.

11-7-60. Noncitizens not accepted as tenants in housing projects.
A commission shall not accept as a tenant in any housing project any person who is not a citizen of the United States.
Source:
SL 1950 (SS), ch 13, §13, subdiv 2; SDC Supp 1960, §45.3613 (2).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-61 - Religious and political discrimination prohibited in selection of tenants.

11-7-61. Religious and political discrimination prohibited in selection of tenants.
There shall be no discrimination in the selection of tenants because of religious, political, or other affiliations.
Source:
SL 1950 (SS), ch 13, §14; SDC Supp 1960, §45.3614.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-62 - Preference in rental to persons displaced by commission operations.

11-7-62. Preference in rental to persons displaced by commission operations.
Except as otherwise required pursuant to federal law, in contracts for federal financial assistance, if the number of qualified applicants for dwelling accommodations exceed the dwelling units available, preference shall be given to inhabitants of the area of operation of the commission in which the project is located, and to the families who occupied the dwellings eliminated by demolition, condemnation, and effective closing as part of the project, as far as is reasonably practicable without discrimination against families living in other substandard areas within the same area of operation.
Source:
SL 1950 (SS), ch 13, §14; SDC Supp 1960, §45.3614.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-63 - Preference in rentals to servicemembers and veterans.

11-7-63. Preference in rentals to servicemembers and veterans.
As between applicants equally in need and eligible for occupancy of a dwelling and at the rent involved, preference shall be given, except as otherwise required pursuant to federal law in contracts for federal financial assistance, to families of servicemen (including families of servicemen who died in service) and to families of veterans as defined in §33A-2-1.
Source:
SL 1950 (SS), ch 13, §15; SDC Supp 1960, §45.3615; SL 2011, ch 1 (Ex. Ord. 11-1), §20, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-64 - Welfare recipients considered for admission to housing projects.

11-7-64. Welfare recipients considered for admission to housing projects.
In admitting families of low income to dwelling accommodations in any housing project a commission shall, as far as is reasonably practicable, give due consideration to families making application for dwelling accommodations to which temporary assistance for needy families is payable, and to resident families making such application to whom public relief, old-age assistance, or aid to the blind shall be payable, when such families are otherwise eligible under the terms of this chapter.
Source:
SL 1950 (SS), ch 13, §15; SDC Supp 1960, §45.3615.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-65 - Periodic investigation of circumstances of tenants in housing projects.

11-7-65. Periodic investigation of circumstances of tenants in housing projects.
A commission shall make periodic investigations of each family admitted to a low-rent housing project and, on the basis of said investigations, shall determine whether that family at the time of its admission:
(1)Lived in an unsafe, insanitary, or overcrowded dwelling or had been displaced by a project or by off-site elimination, or actually was without housing, or was about to be without housing as a result of a court order of eviction, due to causes other than the fault of the tenant; and
(2)Had a net family income not exceeding the income limits theretofore fixed by the commission for admission of families of low income to such housing.
Source:
SL 1950 (SS), ch 13, §16, subdiv 1; SDC Supp 1960, §45.3616 (1).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-66 - Conditions waived in admitting servicemembers and veterans to housing projects.

11-7-66. Conditions waived in admitting servicemembers and veterans to housing projects.
The requirement in subdivision 11-7-65(1) shall not be applicable in the case of the family of any serviceman or the family of any veteran as defined in §33A-2-1, or the family of any serviceman who died in the armed forces of the United States where application for admission to the project by such family is made within any time limit specified by federal law applicable to federal financial assistance for the project.
Source:
SL 1950 (SS), ch 13, §16, subdiv 1; SDC Supp 1960, §45.3616 (1); SL 2011, ch 1 (Ex. Ord. 11-1), §20, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-67 - Families with increased income required to move from project.

11-7-67. Families with increased income required to move from project.
If it is found upon any investigation pursuant to §11-7-65 that the net incomes of any families have increased beyond the maximum income limits fixed pursuant to this chapter for continued occupancy in such housing, those families shall be required to move from the project.
Source:
SL 1950 (SS), ch 13, §16, subdiv 1; SDC Supp 1960, §45.3616 (1).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-68 - Rules and regulations for occupancy of housing projects.

11-7-68. Rules and regulations for occupancy of housing projects.
The occupancy of any dwelling unit in a housing project under the jurisdiction of the commission shall be subject to such reasonable rules and regulations as may be prescribed by it.
Source:
SL 1950 (SS), ch 13, §16, subdiv 2; SDC Supp 1960, §45.3616 (2); SL 1967, ch 225, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-69 - Commission liable in contract or tort--Personal liability of commission members.

11-7-69. Commission liable in contract or tort--Personal liability of commission members.
A commission shall be liable in contract or in tort in the same manner as a private corporation. The members of a commission shall not be personally liable as such on its contracts, or for torts not committed or directly authorized by them.
Source:
SL 1950 (SS), ch 13, §9; SDC Supp 1960, §45.3609.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-72 - Commission property exempt from taxes and special assessments--Exemption terminated on transfer to private ownership--Utility and service charges payable.

11-7-72. Commission property exempt from taxes and special assessments--Exemption terminated on transfer to private ownership--Utility and service charges payable.
The properties of a commission are declared to be public properties used for essential public and governmental purposes, and the properties and the commission are exempt from all taxes and special assessments of the first or second class municipality, the county, the state, or any political subdivision of the state, and the exemption shall continue so long as there is outstanding:
(1)Any bond or other obligation issued by a commission which is secured by such properties or revenues therefrom; or
(2)Any agreement for payment of contributions by the federal government to the commission with respect to such properties.
For any property in the redevelopment project area, the tax exemption terminates if the commission sells, leases, or otherwise disposes of the property to a private individual or corporation for development or redevelopment. The low-rent public housing project properties, redevelopment project properties, and housing development project properties shall be separately categorized for exemption or nonexemption under the foregoing provisions. The commission shall in good faith proceed to discharge obligations outstanding against its properties. This section does not relieve a commission from payment of proper charges measured by the service rendered for utilities and special services such as charges for heat, water, electricity, gas, sewage disposal, or garbage removal.
Source:
SL 1950 (SS), ch 13, §28, subdiv 1; SDC Supp 1960, §45.3628 (1); SL 1992, ch 60, §2; SL 1995, ch 80, §6.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-73 - Annual statement to director of equalization of shelter rentals on housing project--Percentage of rentals paid in lieu of taxes--Distribution of payments to governmental units.

11-7-73. Exempt housing project to make payments in lieu of taxes--Annual statement--Percentage of rentals to be paid--Distribution of payments to governmental units.
Notwithstanding the provisions of §11-7-72, any housing project of the commission that has become occupied, either in whole or in part, and is exempt from taxation pursuant to §11-7-72 shall make payments in lieu of taxes. The commission shall file with the proper director of equalization, on or before May first of each year, a statement of the dwelling unit rentals of that project collected during the preceding calendar year. Unless a greater amount is permitted pursuant to federal legislation and has been agreed upon between the commission and the municipality or the county which created the commission, five percent of the revenue from the dwelling unit rentals shall be charged to the commission as payments in lieu of taxes. The payments in lieu of taxes shall be distributed to all of the appropriate governmental units in the area of operation in such proportions that each governmental unit will receive from the payments the same proportion as it would if property taxes were paid. However, no payments in lieu of taxes shall exceed the amounts which would be payable in property taxes on the project if the project was not exempt from taxation. The term, dwelling unit rental, means the total revenue collected for rentals of residential dwelling units. The term, dwelling unit rental, does not include any revenue from other income, fees, or services that may be received by the commission. The records of each housing project shall be open to inspection by the director of equalization.
Source:
SL 1950 (SS), ch 13, §28; SDC Supp 1960, §45.3628 (2); SL 1968, ch 186, §11; SL 2010, ch 72, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-74 - General development plan required before recommendation of redevelopment plan.

11-7-74. General development plan required before recommendation of redevelopment plan.
A commission shall not recommend a redevelopment plan to the governing body of the municipality or the county as applicable until a general plan for the development of the municipality or the county as a whole has been prepared.
Source:
SL 1950 (SS), ch 13, §18, subdiv 1; SDC Supp 1960, §45.3618 (1); SL 1968, ch 186, §9 (1).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-75 - Initiation of redevelopment plans--Submission to and recommendations by planning agency.

11-7-75. Initiation of redevelopment plans--Submission to and recommendations by planning agency.
Any person may submit a redevelopment plan to a commission or the commission may prepare such a plan on its own initiative. Any redevelopment plan shall be transmitted by a commission to the planning agency, if one exists, of the municipality or the county in which the redevelopment project area is situated for its study and recommendations. The planning agency shall submit its written recommendations with respect to the proposed redevelopment plan, to the commission within thirty days after receipt of the plan for study.
Source:
SL 1950 (SS), ch 13, §18, subdiv 2; SDC Supp 1960, §45.3618 (2); SL 1968, ch 186, §9 (2).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-76 - Recommendation of redevelopment plan to governing body--Statements to accompany redevelopment plan.

11-7-76. Recommendation of redevelopment plan to governing body--Statements to accompany redevelopment plan.
Upon receipt of the recommendations of the planning agency, or if no planning agency exists, without such recommendations the commission may recommend a redevelopment plan to the governing board of the municipality or the county as applicable for approval. The recommendation shall be accompanied by the redevelopment plan, a statement of the method proposed for financing the redevelopment project, and a statement of a feasible method for the temporary relocation of families to be displaced from the redevelopment project area, and of the availability or future provision in the redevelopment project area or in other areas not less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families displaced from the project area, of decent, safe, and sanitary dwellings equal in number to the number of such displaced families and reasonably accessible to their places of employment.
Source:
SL 1950 (SS), ch 13, §18, subdiv 3; SDC Supp 1960, §45.3618 (3); SL 1968, ch 186, §9 (3).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-77 - Notice and hearing by governing body on redevelopment plan--Decision by governing body.

11-7-77. Notice and hearing by governing body on redevelopment plan--Decision by governing body.
The governing body of the municipality or county as applicable shall hold a public hearing on any redevelopment plan recommended by the commission, after one publication of notice in a legal newspaper published in the county in which the commission is located. The publication shall describe the time, date, place and purpose of the hearing. Within thirty days after the receipt of a proposed redevelopment plan, the governing body shall give written notice to the commission of its decision with respect to the redevelopment plan.
Source:
SL 1950 (SS), ch 13, §18, subdiv 4; SDC Supp 1960, §45.3618 (4); SL 1968, ch 186, §9 (4); SL 1982, ch 60, §11.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-78 - Findings of governing body required for approval of redevelopment plan.

11-7-78. Findings of governing body required for approval of redevelopment plan.
The commission shall not proceed with the redevelopment project unless the governing body of the municipality or the county as applicable approves the redevelopment plan and finds, by resolution:
(1)That the redevelopment project area is a slum area (as defined in §11-7-2) or that all the following conditions exist:
(a)That the redevelopment project area is a blighted area (as defined in §11-7-3);
(b)That a shortage of housing of sound standards and design adequate for family life exists in the municipality or the county;
(c)That the need for housing accommodations has been or will be increased as a result of the demolition of residential units in slum areas under redevelopment plans;
(d)That the conditions of blight in the area and the shortage of decent, safe, and sanitary housing in the municipality or the county cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, and welfare; and
(e)That development of the blighted area for predominantly residential uses is an integral part of and essential to the program of the municipality or the county for the elimination of slum areas;
(2)That the redevelopment plan will afford maximum opportunity consistent with the sound needs of the municipality or the county as a whole for the redevelopment of the redevelopment project area by private enterprise;
(3)That the redevelopment plan conforms to the general plan for the development of the municipality or the county as a whole; and
(4)That federal assistance is necessary to enable the redevelopment project area to be redeveloped in accordance with the redevelopment plan and funds will be available for the municipality's or the county's share of the cost as required by the Housing Act of 1949 or other federal acts providing federal financial assistance, or that federal financial assistance is not necessary and all funds will be available from other sources.
Source:
SL 1950 (SS), ch 13, §18, subdiv 5; SDC Supp 1960, §45.3618 (5); SL 1968, ch 186, §9 (5).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-79 - Resubmission to governing body of modified redevelopment plan--Recommendation and approval conclusive of public need.

11-7-79. Resubmission to governing body of modified redevelopment plan--Recommendation and approval conclusive of public need.
A redevelopment plan which has not been approved by the governing body when recommended by the commission may again be recommended to it with such modifications as are necessary to meet its objectives. Upon approval of a redevelopment plan, the recommendation of the commission for such plan and the resolution of approval of the governing body shall be conclusive, in any condemnation proceedings, of the public need for such plan.
Source:
SL 1950 (SS), ch 13, §18, subdiv 6; SDC Supp 1960, §45.3618 (6); SL 1968, ch 186, §9 (6).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-80 - Lease or transfer of real property in redevelopment project--Price of lease or sale--Appraisal.

11-7-80. Lease or transfer of real property in redevelopment project--Price of lease or sale--Appraisal.
The commission may sell, lease, exchange, or otherwise transfer to any person or state public body real property acquired under the provisions of this chapter, and thereafter the real property shall be used only in accordance with the limitations and conditions set forth in the redevelopment plan except as in this chapter otherwise provided. The real property shall be sold, leased, or transferred at its fair value for uses in accordance with the redevelopment plan irrespective of the cost of acquiring and clearing such real property. To aid the commission in determining the fair value of real property for uses in accordance with the redevelopment plan, it may, at its discretion, cause an appraisal to be made of the value of the real property for such uses, and may employ two or more land value experts to make such appraisal. Nothing in this section shall be construed as requiring the commission to base its rentals or selling prices upon any such appraisals.
Source:
SL 1950 (SS), ch 13, §19, subdiv 1; SDC Supp 1960, §45.3619 (1).