reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-26 - Subdivisions outside municipal corporate limits not approved pursuant to § 11-3-6.

11-6-26. Subdivisions outside municipal corporate limits not approved pursuant to §11-3-6.
The following provisions apply to all subdivisions of land that are not approved pursuant to §11-3-6, and are located outside of municipal corporate limits:
(1)A municipality may elect to approve subdivision plats outside of but not exceeding three miles from its corporate limits, and not located in any other municipality;
(2)A municipality shall adopt a comprehensive plan and a major street plan that identifies the unincorporated area to be governed by municipal platting authority. A major street plan is defined as a document that consists of a map or written narrative, or both, of a municipality's future collector and arterial streets that are incorporated as a part of a municipality's comprehensive plan or as a stand-alone document that has been approved in accordance with the provisions of §§11-6-17 to 11-6-18.2, inclusive;
(3)A copy of the adopted comprehensive plan and major street plan shall be forwarded to the county commissioners through the office of the county auditor or clerk in which the municipality is located;
(4)After the comprehensive plan and major street plan is adopted and before approving plats outside municipal limits, the municipality shall adopt a subdivision ordinance that will govern the area outside municipal limits. The ordinance shall be adopted according to the provisions of §11-6-27 and shall incorporate a platting jurisdiction boundary map or text description of the area to be governed;
(5)Subdivision plats may not be filed or recorded unless the plat has the recommendation of the city planning and zoning commission within sixty days of submission, and the approval of the city council;
(6)For lands located outside of and within three miles of more than one municipality, the jurisdiction of each municipality terminates at a boundary line equidistant from the corporate limits of the municipalities unless otherwise agreed to by a majority vote of the governing body of each such municipality.
Source:
SL 1949, ch 198, §11; SDC Supp 1960, §45.3311; SL 1966, ch 145; SL 1975, ch 116, §16; SL 1992, ch 60, §2; SL 2000, ch 69, §65; SL 2011, ch 71, §1; SL 2012, ch 54, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-26.1 - Review and recommendation by county commission when land subject to joint municipal-county jurisdiction--Vote of city council required upon disapproval by county commission--Board may designate county official to make recommendation to city coun...

11-6-26.1. Review and recommendation by county commission when land subject to joint municipal-county jurisdiction--Vote of city council required upon disapproval by county commission--Board may designate county official to make recommendation to city council in lieu of county commission.
In the case of land over which there is joint municipal-county zoning jurisdiction, the plats may not be filed or recorded until the plats have also been submitted to the county planning and zoning commission for review and recommendation to the city council. The county planning and zoning commission shall make its recommendation to the city council within forty-five days of submission. If the county planning and zoning commission recommends disapproval of any such plats, a two-thirds vote of the entire membership of the city council is required to approve the plats. The board of county commissioners may by resolution designate an administrative official of the county to review and make a recommendation to the city council in lieu of the review and recommendation by the county planning commission.
Source:
SDCL, §11-6-26 as added by SL 1975, ch 116, §16; SL 2000, ch 69, §66.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-27 - Recommendation and adoption of subdivision regulations--Purposes of regulations--Notice and public hearing required.

11-6-27. Recommendation and adoption of subdivision regulations--Purposes of regulations--Notice and public hearing required.
In exercising the duties granted to it by this chapter, the planning commission shall recommend and the council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction as defined in §11-6-26. Such regulations may provide for the harmonious development of the municipality and its environs; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the comprehensive plan of the municipality; for adequate open spaces for traffic, recreation, light, and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, or prosperity. Before an adoption of its subdivision regulations or any amendment thereof, the council shall hold at least one public hearing. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the municipality. Any interested person shall be given a full, fair, and complete opportunity to be heard at the hearing, and the governing body may refuse or adopt the ordinance, with or without amendment.
Source:
SL 1949, ch 198, §12; SDC Supp 1960, §45.3312; SL 1966, ch 145; SL 1999, ch 65, §16.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-28 - Streets and utilities covered by subdivision regulations--Provision for tentative approval of plats.

11-6-28. Streets and utilities covered by subdivision regulations--Provision for tentative approval of plats.
Subdivision regulations may include requirements as to the extent to which and the manner in which the streets of the subdivision shall be graded and improved, and water, sewer, and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of the subdivision. The regulations may provide for the tentative approval of the plat previous to such improvements and installation; but any such tentative approval shall not be entered on the plat.
Source:
SL 1949, ch 198, §12; SDC Supp 1960, §45.3312; SL 1966, ch 145.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-29 - Bond for completion of subdivision work--Remedies for enforcement of bond.

11-6-29. Bond for completion of subdivision work--Remedies for enforcement of bond.
Subdivision regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the council may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the municipality the actual construction and installation of such improvements and utilities within a period specified by the council and expressed in the bond; and the municipality is hereby granted the power to enforce such bonds by all appropriate legal and equitable remedies.
Source:
SL 1949, ch 198, §12; SDC Supp 1960, §45.3312; SL 1966, ch 145.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-30 - Special assessment provisions in lieu of bond for completion of subdivision work.

11-6-30. Special assessment provisions in lieu of bond for completion of subdivision work.
Subdivision regulations may provide in lieu of the completion of such work and installations previous to the final approval of a plat for an assessment or other method whereby the municipality is put in an assured position to do said work and make said installations at the cost of the owners of the property within the subdivision.
Source:
SL 1949, ch 198, §12; SDC Supp 1960, §45.3312; SL 1966, ch 145.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-31 - Subdivision plats or replats to be submitted to planning commission--Recommendation to council.

11-6-31. Subdivision plats or replats to be submitted to planning commission--Recommendation to council.
Any subdivision of land containing two or more lots, no matter how described, shall be platted or replatted, and must be submitted to the planning commission for their consideration and recommendation to the council for approval or rejection or reviewed and approved in accordance with §11-3-6.
Source:
SL 1949, ch 198, §13; SDC Supp 1960, §45.3313; SL 1966, ch 145; SL 1975, ch 116, §18; SL 1999, ch 65, §17.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-32 - Time allowed for approval or disapproval of plat--Plat deemed approved in absence of action--Ground of disapproval stated.

11-6-32. Time allowed for approval or disapproval of plat--Plat deemed approved in absence of action--Ground of disapproval stated.
The plat shall be approved or disapproved within ninety days after submission thereof; otherwise such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the council on demand; provided, however, that the applicant for the approval may waive this requirement and consent to the extension of such period. The ground of disapproval of any plat shall be stated upon the records of the council.
Source:
SL 1949, ch 198, §13; SDC Supp 1960, §45.3313; SL 1966, ch 145; SL 1975, ch 116, §19.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-33 - Dedication not accepted by approval of plat.

11-6-33. Dedication not accepted by approval of plat.
The approval of a plat by the council shall not be deemed to constitute or effect an acceptance by the municipality or public of the dedication of any street or other ground shown on the plat.
Source:
SL 1949, ch 198, §14; SDC Supp 1960, §45.3314; SL 1966, ch 145.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-34 - Register of deeds not to record plat unless approved by city council or other designated official.

11-6-34. Register of deeds not to record plat unless approved by city council or other designated official.
When any map, plan, plat, or replat is tendered for filing in the office of the register of deeds, the register of deeds or deputy shall determine whether such proposed map, plan, plat, or replat is or is not subject to the provisions of this chapter and whether the endorsements required by this chapter appear thereon. No register of deeds or deputy may accept for record, or record, any such map, plan, plat, or replat unless and until it has been approved by the city council of such municipality as required by §11-6-26 or reviewed and approved in accordance with §11-3-6.
Source:
SL 1949, ch 198, §15; SDC Supp 1960, §45.3315; SL 1966, ch 145; SL 1999, ch 65, §18.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-35 - Sale, transfer, or negotiation to sell lots before approval and recording of plat as petty offense--Injunction.

11-6-35. Sale, transfer, or negotiation to sell lots before approval and recording of plat as petty offense--Injunction.
It is a petty offense for the owner or agent of the owner of the land located within the platting jurisdiction of any municipality as described in §11-6-26, knowingly or with intent to defraud, to transfer or sell, to agree to sell, or to negotiate to sell such land by reference to or exhibition of or by other use of a subdivision of such land before the plat has been approved by the council and recorded in the office of the register of deeds, for each lot so transferred or sold or agreed or negotiated to be sold. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties. A municipality may enjoin such transfer or sale or agreement by action for injunction.
Source:
SL 1949, ch 198, §15; SDC Supp 1960, §45.3315; SL 1966, ch 145; SL 1982, ch 86, §78.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-36 - Approved plat required for street or utility work after attachment of platting jurisdiction.

11-6-36. Approved plat required for street or utility work after attachment of platting jurisdiction.
From and after the time when the platting jurisdiction of any municipality has attached by virtue of the adoption of a major street plan as provided in §11-6-26, the municipality or other public authority may not, except as provided by §11-6-37, accept, lay out, open, improve, grade, pave, or light any street or lay or authorize the laying of water mains, sewers, connections, or other facilities or utilities in any street within the municipality unless such street has been accepted or opened as, or has otherwise received the legal status of, a public street prior to the adoption of a comprehensive plan, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the council or on a street plat made by the planning commission and adopted by the council or reviewed and approved in accordance with §11-3-6.
Source:
SL 1949, ch 198, §16; SDC Supp 1960, §45.3316; SL 1966, ch 145; SL 1975, ch 116, §20; SL 1999, ch 65, §19.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-37 - Street construction specifically authorized by ordinance--Vote required to overrule planning commission.

11-6-37. Street construction specifically authorized by ordinance--Vote required to overrule planning commission.
The council, or, in the case of a street outside of the municipality, the governing body of such outside territory, may locate and construct or may accept any other street if the ordinance or other measure for such location and construction or for such acceptance be first submitted to the planning commission for its consideration, and, if disapproved by the commission, be passed by not less than two-thirds of the entire membership of the city council or said governing body. A street approval by the commission upon such submission, or constructed or accepted by a two-thirds vote after disapproval by the commission, has the status of an approved street as fully as though it had been originally shown on a subdivision plat approved by the council or on a plat made by the commission and adopted by the council or reviewed and approved in accordance with §11-3-6.
Source:
SL 1949, ch 198, §16; SDC Supp 1960, §45.3316; SL 1966, ch 145; SL 1975, ch 116, §21; SL 1999, ch 65, §20.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-38 - Buildings prohibited on unapproved streets--Injunction action available.

11-6-38. Buildings prohibited on unapproved streets--Injunction action available.
From and after the time when the platting jurisdiction of any municipality has attached by reason of the adoption of a major street plan as provided in §11-6-26, no building permit may be issued for or no building may be erected on any lot within the territorial jurisdiction of the commission and council as provided in §11-6-26, unless the street giving access to the lot upon which the building is proposed to be placed is accepted as opened as, or has otherwise received the legal status of, a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a recorded subdivision plat approved by the council or on a street plat made by the commission and adopted by the council or with a street located or accepted by the council, or, in the case of territory outside of the municipal corporation, by the governing body thereof, after submission to the commission, and, in case of the commission's disapproval, by the favorable vote required in §11-6-37. Any building erected in violation of this section is an unlawful structure, and the municipality or governing body may bring action to enjoin such erection or cause it to be vacated or removed.
Source:
SL 1949, ch 198, §17; SDC Supp 1960, §45.3317; SL 1966, ch 145; SL 1975, ch 116, §22; SL 1999, ch 65, §21.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-39 - Continuation of lawful uses existing when zoning ordinance adopted--If nonconforming use discontinued one year, subsequent use must conform.

11-6-39. Continuation of lawful uses existing when zoning ordinance adopted--If nonconforming use discontinued one year, subsequent use must conform.
The lawful use of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupancy does not conform to the provisions of the zoning ordinance. If the nonconforming use is discontinued for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall be in conformance with such regulation.
Source:
SL 1975, ch 116, §23; SL 2000, ch 69, §67.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-40 - Platting of certain land required.

11-6-40. Platting of certain land required.
Any municipality with a population of fifty thousand or more or any municipality located in a county with a population of fifty thousand or more, if such municipality has adopted a comprehensive plan pursuant to this chapter, the municipality may require by ordinance that any parcel of land of less than forty acres which is located within three miles of its corporate limits, be platted prior to the sale or transfer of the land. The register of deeds may not record any document of any sale or transfer of unplatted property if a municipality requires platting pursuant to this section.
Source:
SL 1990, ch 102; SL 2003, ch 77, §8.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-40.1 - Transfer of ownership plat.

11-6-40.1. Transfer of ownership plat.
Any municipality authorized under §11-6-40 to require by ordinance that a parcel of land be platted before the sale or transfer of the land may also allow by ordinance for a transfer of ownership plat option that is only for the purpose to plat one larger piece of land to transfer from one owner to another. A transfer of ownership plat is not at a point that is eligible for building permits or incorporating new easements. The entire development process and updated plat is required before a building permit will be allowed.
Source:
SL 2021, ch 58, § 1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-41 - Sign to notify public about petition and hearing on zoning change or conditional use permit.

11-6-41. Sign to notify public about petition and hearing on zoning change or conditional use permit.
If a landowner petitions the commission for a change in the zoning applied to the landowner's land or petitions a board for a conditional use permit and a local ordinance requires the landowner to post a sign to notify the public about the petition and the hearing on the petition, the sign must be at least twenty-four inches wide and eighteen inches tall with bold lettering to inform the public about the petition and hearing. This section does not preempt any requirement provided in any state law or municipal or county ordinance.
Source:
SL 2016, ch 72, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-2 - "Slum area" defined.

11-7-2."Slum area" defined.
Unless the context clearly indicates otherwise, for the purpose of this chapter, "slum area" means an area in which there is a predominance of buildings or improvements which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, sanitation, or open spaces, high density of population and overcrowding, or any combination of such factors, are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, injuriously affect the entire area, and are detrimental to the public health, safety, morals, or welfare.
Source:
SL 1950 (SS), ch 13, §2; SDC Supp 1960, §45.3602 (10).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-3 - "Blighted area" defined.

11-7-3."Blighted area" defined.
Unless the context clearly indicates otherwise, for the purpose of this chapter, "blighted area" means an area (other than a slum area as defined in §11-7-2) where by reason of the predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, or other insanitary or unsafe conditions, deterioration of site improvements, diversity of ownership, tax delinquency, defective or unusual conditions of title, improper subdivision or obsolete platting, or any combination of such reasons, development of such blighted area (which may include some incidental buildings or improvements) into predominantly housing uses is being prevented.
Source:
SL 1950 (SS), ch 13, §2; SDC Supp 1960, §45.3602 (10).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-4 - "Housing project" defined.

11-7-4."Housing project" defined.
Unless the context clearly indicates otherwise, for the purpose of this chapter, "housing project" means any work or undertaking:
(1)To demolish, clear, or remove buildings from any slum area acquired by the commission; or
(2)To provide decent, safe, and sanitary urban or, in the case of municipalities so small as to be classified rural by federal legislation or regulations adopted thereunder, rural nonfarm dwellings, apartments, or other living accommodations for persons of low income, including veterans and servicemen, and their families; or
(3)To rehabilitate existing dwelling accommodations; or
(4)To accomplish a combination of the foregoing.
Such work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, community, health, recreational, welfare, or other purposes. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of the improvements and all other work in connection therewith.
Source:
SL 1950 (SS), ch 13, §2; SDC Supp 1960, §45.3602 (11); SL 1975, ch 118, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-5 - "Redevelopment project" defined.

11-7-5."Redevelopment project" defined.
Unless the context clearly indicates otherwise, for the purpose of this chapter, "redevelopment project" shall mean any work or undertaking:
(1)To acquire slum areas or blighted areas, as defined in §§11-7-2 and 11-7-3, including lands, structures, or improvements, the acquisition of which is necessary in order to assure the proper clearance and redevelopment of the entire area and to prevent the spread or recurrence of slum conditions thereby protecting the public health, safety, morals, or welfare;
(2)To clear any areas acquired and install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan; and
(3)To sell, lease, or otherwise make available land so acquired for uses in accordance with the redevelopment plan.
The term "redevelopment project" also may include the preparation of a redevelopment plan and the initiation, planning, survey, and other work incident to a redevelopment project and also the preparation of all plans and arrangements for carrying out a redevelopment project.
Source:
SL 1950 (SS), ch 13, §2; SDC Supp 1960, §45.3602 (12).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-6 - "Redevelopment plan" defined--Purposes of plan.

11-7-6."Redevelopment plan" defined--Purposes of plan.
Unless the context clearly indicates otherwise, for the purpose of this chapter, "redevelopment plan" means a plan for a redevelopment project area which plan provides an outline for the development or redevelopment of such area and is sufficiently complete:
(1)To indicate its relationship to definite local objectives as to appropriate land uses and as to improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements; and
(2)To indicate proposed land uses and building requirements in the redevelopment project.
The proposed land uses and building requirements shall be designed:
(1)To promote the development of well planned, integrated neighborhoods;
(2)To secure safety from fire, panic, and other dangers;
(3)To promote health and the general welfare;
(4)To provide adequate light and air;
(5)To prevent the overcrowding of land;
(6)To avoid undue concentration of population;
(7)To avoid congestion in the streets;
(8)To facilitate the provisions of adequate transportation, water, sewerage, and other public requirements;
(9)To prevent the recurrence of slums or conditions of blight, and the spread of disease, crime, and juvenile delinquency; and
(10)To permit the development of the resources and the improvement of the economic facilities of the county, municipality, and the state.
Source:
SL 1950 (SS), ch 13, §2; SDC Supp 1960, §45.3602 (14); SL 1968, ch 186, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-7 - Housing and redevelopment commissions created--Findings and declaration of need required before exercise of powers.

11-7-7. Housing and redevelopment commissions created--Findings and declaration of need required before exercise of powers.
There is hereby created in each county and municipality in this state a public body corporate and politic, to be known as the housing and redevelopment commission, in and for that county and municipality. However, no commission may transact any business or exercise any powers until the governing body of the municipality or county, by resolution, finds that in the municipality or county:
(1)Slum or blighted areas exist;
(2)Insanitary or unsafe inhabited dwelling accommodations exist; or
(3)There is a shortage of decent, safe, and sanitary dwelling accommodations available to persons of low or moderate income, including veterans and servicemen, and their families at rentals or prices they can afford;
and declares that there is need for a housing and redevelopment commission to function in that municipality or county.
Source:
SL 1950 (SS), ch 13, §3; SDC Supp 1960, §45.3603 (1); SL 1968, ch 186, §3 (1); SL 1995, ch 80, §5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-7.1 - Joint agreements between municipal and county commissions.

11-7-7.1. Joint agreements between municipal and county commissions.
Housing and redevelopment commissions of municipalities and counties activated hereunder may jointly agree to exercise any or all powers conferred upon them individually and such joint agreements may be executed without the necessity of further notice or hearing.
Source:
SL 1972, ch 74, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-7.2 - Dissolution of municipal commission to participate in county commission--Transfer of rights, property, and obligations.

11-7-7.2. Dissolution of municipal commission to participate in county commission--Transfer of rights, property, and obligations.
The governing body of any first or second class municipality may, by resolution, dissolve the housing and redevelopment commission of such municipality for the purpose of electing to participate in a county housing and redevelopment commission. Upon the adoption of such a resolution the city housing and redevelopment commission shall cease to exist, except for the purpose of winding up its affairs and executing a deed to the county housing and redevelopment commission. All the rights, contracts, obligations, and property, real and personal, of the city housing and redevelopment commission shall be transferred to and become vested in the county housing and redevelopment commission, provided that all bonded indebtedness issued by the city housing and redevelopment commission shall remain a lien against the income and revenues of the housing project pledged to the payment of such bonds. All rights and remedies of any person against the city housing and redevelopment commission may be asserted and enforced against the county housing and redevelopment commission to the same extent as they might have been against the city housing and redevelopment commission.
Source:
SL 1972, ch 74, §2; 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 11-7-8 - Factors considered in determining adequacy of dwelling accommodations.

11-7-8. Factors considered in determining adequacy of dwelling accommodations.
In determining whether dwelling accommodations are decent, safe, and sanitary, the governing body may take into consideration the degree of deterioration, obsolescence, or overcrowding, the percentage of land coverage, the light, air, space, and access available to inhabitants of such dwelling accommodations, the size and arrangement of rooms, the sanitary facilities, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes.
Source:
SL 1950 (SS), ch 13, §3, subdiv 1; SDC Supp 1960, §45.3603 (1); SL 1968, ch 186, §3 (1).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-9 - Publication of notice and hearing on resolution to activate housing and redevelopment commission--Publication as ordinance.

11-7-9. Publication of notice and hearing on resolution to activate housing and redevelopment commission--Publication as ordinance.
The governing body of a municipality or a county shall consider a resolution under §11-7-7 only after a public hearing held thereon after one publication of notice in a legal newspaper, published in the county in which the commission is located. The notice shall describe the time and place of the hearing. Opportunity to be heard shall be granted to all residents of the municipality or the county as applicable and its environs and to all other interested persons. The resolution shall be published in the same manner in which ordinances are published in the municipality or the county.
Source:
SL 1950 (SS), ch 13, §3, subdiv 2; SDC Supp 1960, §45.3603 (2); SL 1968, ch 186, §3 (2); SL 1982, ch 60, §10.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-10 - Filing of resolution activating commission--Resolution conclusive as to powers of commission.

11-7-10. Filing of resolution activating commission--Resolution conclusive as to powers of commission.
When the resolution becomes finally effective, the clerk of the municipality or the county auditor as applicable shall file such resolution in this office. In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of a commission, the commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon such filing of the resolution, and proof of the resolution and of that filing may be made in any suit, action, or proceeding by a certificate of the clerk.
Source:
SL 1950 (SS), ch 13, §3, subdiv 3; SDC Supp 1960, §45.3603 (3); SL 1968, ch 186, §3 (3).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-11 - Composition of commission--Certain public officers and employees ineligible.

11-7-11. Composition of commission--Certain public officers and employees ineligible.
A commission shall consist of five commissioners, who, unless otherwise provided by ordinance, shall be residents of the area of operation of the commission, appointed after the resolution provided for in §11-7-7 becomes finally effective. In municipalities of the first class, no public officer or employee of the municipality may serve as a commissioner. However, if the municipality employs a city manager, the governing body may, by resolution, constitute itself as the commission. In municipalities of the second and third class and in counties, the commission may be made up of members of the governing body, but may not include employees of the municipality or county. However, in municipalities of the second and third class and in counties, a majority of the commission may not be comprised of the governing body. A commissioner may be a notary public.
Source:
SL 1950 (SS), ch 13, §3, subdiv 4; SDC Supp 1960, §45.3603 (4); SL 1968, ch 186, §3 (4); SL 1991, ch 112; SL 1992, ch 104; SL 2002, ch 69, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-12 - Appointment and terms of commissioners--Vacancies.

11-7-12. Appointment and terms of commissioners--Vacancies.
The commissioners constituting a commission shall be appointed by the mayor or the chairman of the board of county commissioners, with the approval of the governing body. Those initially appointed shall be appointed for terms of one, two, three, four, and five years respectively. Thereafter all commissioners shall be appointed for five-year terms. Each vacancy in an unexpired term shall be filled in the same manner in which the original appointment was made.
Source:
SL 1950 (SS), ch 13, §3, subdiv 5; SDC Supp 1960, §45.3603 (5); SL 1968, ch 186, §3 (5).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-13 - Tenure of commissioners--Certificate of appointment.

11-7-13. Tenure of commissioners--Certificate of appointment.
Commissioners shall hold office until their successors have been appointed and qualified. A certificate of appointment of each commissioner shall be filed with the clerk. Whenever the membership of a commission is changed by reason of a new appointment, a certificate of that appointment shall be promptly so filed. A certificate so filed shall be conclusive evidence of appointment or change in membership. Commissioners are likewise referred to in this chapter as "members" of a commission.
Source:
SL 1950 (SS), ch 13, §3, subdiv 6; SDC Supp 1960, §45.3603 (6).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-14 - Removal of commissioner from office--Notice and hearing--Suspension pending final action--Record of proceedings.

11-7-14. Removal of commissioner from office--Notice and hearing--Suspension pending final action--Record of proceedings.
For inefficiency or neglect of duty, or misconduct in office, a commissioner may be removed by the governing body of the municipality or the county as applicable, but a commissioner shall be removed only after a hearing and after he shall have been given a copy of the charges at least ten days prior to the hearing and had an opportunity to be heard in person or by counsel. When charges in writing have been preferred against a commissioner, pending final action thereon, the governing body may temporarily suspend him, but, if it is found that those charges have not been substantiated, he shall immediately be reinstated in his office. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk.
Source:
SL 1950 (SS), ch 13, §5; SDC Supp 1960, §45.3605; SL 1968, ch 186, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-15 - Quorum of commission--Officers--Rules--Meetings open to public.

11-7-15. Quorum of commission--Officers--Rules--Meetings open to public.
The powers of each commission shall be vested in the commissioners thereof in office at any time; a majority of whom shall constitute a quorum for all purposes. Each commission shall select a chairman, a secretary, and a treasurer from among its commissioners and shall adopt such bylaws and other rules for the conduct of its affairs as it deems appropriate. The regular meetings of a commission shall be held in a fixed place and shall be open to the public.
Source:
SL 1950 (SS), ch 13, §6; SDC Supp 1960, §45.3606.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-16 - Expenses of commissioners--Per diem.

11-7-16. Expenses of commissioners--Per diem.
Each commissioner may be reimbursed for expenses, including traveling expenses, incurred in the performance of the commissioner's duties. In addition, each commissioner may receive per diem as established by the governing body for each day of actual service for attending meetings or hearings.
Source:
SL 1950 (SS), 13, §6; SDC Supp 1960, §45.3606; SL 1999, ch 68, §1; SL 2018, ch 69, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-17 - Commission as body corporate--General powers--Taxing and special assessment power denied.

11-7-17. Commission as body corporate--General powers--Taxing and special assessment power denied.
A commission shall be a public body corporate and politic, exercising public and essential governmental functions, and shall have all the powers necessary or convenient to carry out the purpose of this chapter including the powers granted by §§11-7-18 to 11-7-23, inclusive, in addition to others granted in this chapter, but not the power to levy or collect taxes or special assessments.
Source:
SL 1950 (SS), ch 13, §7, subdiv 1; SDC Supp 1960, §45.3607 (1).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-18 - Commission power to sue and be sued--Seal--Perpetual succession--Rules and regulations.

11-7-18. Commission power to sue and be sued--Seal--Perpetual succession--Rules and regulations.
A commission shall have power to sue and be sued, to have a seal, which shall be judicially noticed, and to alter the same at pleasure; to have perpetual succession; and to make, and from time to time amend and repeal, rules and regulations not inconsistent with this chapter.
Source:
SL 1950 (SS), ch 13, §7, subdiv 1 (1); SDC Supp 1960, §45.3607 (1) (a).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-19 - Director, officers, and employees of commission--Legal services--Services of local public bodies.

11-7-19. Director, officers, and employees of commission--Legal services--Services of local public bodies.
A commission shall have power to employ an executive director, technical experts, and such officers, agents, and employees, permanent and temporary, as it may require, and determine their qualifications, duties, and compensation; for such legal services as it may require, to call upon the chief law officer of the municipality or to employ its own counsel and legal staff; and so far as practical, to use the services of local public bodies, in its area of operation.
Source:
SL 1950 (SS), ch 13, §7, subdiv 1 (2); SDC Supp 1960, §45.3607 (1) (b).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-20 - Delegation of powers and duties by commission.

11-7-20. Delegation of powers and duties by commission.
A commission shall have power to delegate to one or more of its agents or employees such powers or duties as it may deem proper.
Source:
SL 1950 (SS), ch 13, §7, subdiv 1 (3); SDC Supp 1960, §45.3607 (1) (c).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-21 - Power to undertake, carry out, operate, construct, and repair projects.

11-7-21. Power to undertake, carry out, operate, construct, and repair projects.
A commission shall have power within its area of operation to undertake, prepare, carry out, and operate projects and to provide for the construction, reconstruction, improvement, extension, alteration, or repair of any project or part thereof.
Source:
SL 1950 (SS), ch 13, §7, subdiv 1 (4); SDC Supp 1960, §45.3607 (1) (d).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-21.1 - Power to manage subsidized housing projects.

11-7-21.1. Power to manage subsidized housing projects.
A commission shall have further power to provide management services for federal or state subsidized housing projects irrespective of whether tenants in said projects qualify under subdivision 11-7-59(3).
Source:
SL 1974, ch 113.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-22 - Power to acquire property--Eminent domain power.

11-7-22. Power to acquire property--Eminent domain power.
A commission shall have power within its area of operation to acquire real or personal property or any interest therein by gift, grant, purchase, exchange, lease, transfer, bequest, devise, or otherwise, and by the exercise of the power of eminent domain, in the manner provided by chapter 21-35, to acquire real property which it may deem necessary for its purposes under this chapter, after the adoption by it of a resolution declaring that the acquisition of the real property is necessary for such purposes.
Source:
SL 1950 (SS), ch 13, §7, subdiv 1 (6); SDC Supp 1960, §45.3607 (1) (f).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-22.1 - Acquisition of private property by eminent domain for certain uses prohibited.

11-7-22.1. Acquisition of private property by eminent domain for certain uses prohibited.
No county, municipality, or housing and redevelopment commission, as provided for in this chapter, may acquire private property by use of eminent domain:
(1)For transfer to any private person, nongovernmental entity, or other public-private business entity; or
(2)Primarily for enhancement of tax revenue.
Source:
SL 2006, ch 66, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-22.2 - Certain transfers of property acquired by eminent domain prohibited without prior resale offer to original owner or heirs.

11-7-22.2. Certain transfers of property acquired by eminent domain prohibited without prior resale offer to original owner or heirs.
No county, municipality, or housing and redevelopment commission, as provided for in this chapter, may transfer any fee interest in property acquired by the use or threat of eminent domain within seven years of acquisition to any private person, nongovernmental entity, or public-private business entity without first offering to sell such fee interest back to the person who originally owned the property, or such person's heirs or assigns, at current fair market value, whether the property has been improved or has remained unimproved during the interval, or at the original transfer value, whichever is less.
Source:
SL 2006, ch 66, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-23 - Power to lease or dispose of property--Contracts and instruments.

11-7-23. Power to lease or dispose of property--Contracts and instruments.
A commission shall have power to give, sell, transfer, convey, or otherwise dispose of real or personal property or any interest therein and to execute such leases, deeds, conveyances, negotiable instruments, purchase agreements, and other contracts or instruments, and take such action, as may be necessary or convenient to carry out the purposes of this chapter.
Source:
SL 1950 (SS), ch 13, §7, subdiv 1 (5); SDC Supp 1960, §45.3607 (1) (e).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-24 - Acquisition of property devoted to prior public use--Approval by governing body required--Increase in value arising from project not considered in awarding compensation.

11-7-24. Acquisition of property devoted to prior public use--Approval by governing body required--Increase in value arising from project not considered in awarding compensation.
Real property in an area needed for a project, which is to be acquired by eminent domain pursuant to §11-7-22, may be acquired by the commission for such project, including any property devoted to a public use, whether or not held in trust, notwithstanding that such property may have been previously acquired by eminent domain or is owned by a public utility corporation it being hereby expressly determined that the public use in conformity with the provisions of this chapter shall be deemed a superior public use; provided, however, that property devoted to a public use may be so acquired only if the governing body of the municipality or the county as applicable has approved its acquisition by the commission. An award of compensation shall not be increased by reason of any increase in the value of the real property caused by the assembly, clearance or reconstruction, or proposed assembly, clearance or reconstruction for the purposes of this chapter of the real property in an area.
Source:
SL 1950 (SS), ch 13, §7, subdiv 2; SDC Supp 1960, §45.3607 (2); SL 1968, ch 186, §5.