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 11-7-82 - Terms of lease or sale of redevelopment property--Development to be carried out by lessee or purchaser--Security provisions--Rental charges to tenants.

11-7-82. Terms of lease or sale of redevelopment property--Development to be carried out by lessee or purchaser--Security provisions--Rental charges to tenants.
Any lease or sale of real property in a redevelopment project area may be made without public bidding. The terms of any such lease shall be fixed by the commission, and the instrument of lease may provide for renewals upon reappraisals and with rentals and other provisions adjusted to such reappraisals. The instrument of lease or sale shall provide that the lessee or purchaser shall carry out or cause to be carried out the approved project area redevelopment plan or approved modifications thereof and that no use shall be made of any land or real property included in the lease or sale nor any building or structure erected thereon which does not conform to such approved plan or approved modifications thereof. In the instrument, or instruments, of lease or sale the commission may include such other terms, conditions, and provisions as in its judgment will provide reasonable assurance of the priority of the obligations of the lease or sale over any other obligations of the lessee or purchaser; and assurance of the financial and legal ability of the lessee or purchaser to carry out the terms and conditions of the lease or sale and to begin the building of any improvements within a period of time which the commission fixes as reasonable. The commission may also include such terms, conditions, and specifications concerning buildings, improvements, subleases, or tenancies, maintenance and management, and any other related matters as in its judgment, are necessary to carry out the purposes of this chapter, including provisions whereby the obligations to carry out and conform to the redevelopment plan shall run with the land. In the event that maximum rentals to be charged to tenants of housing be specified, provision may be made for periodic reconsideration of such rental bases, with a view to proposing modification of the redevelopment plan with respect to such rentals.
Source:
SL 1950 (SS), ch 13, §19, subdiv 2; SDC Supp 1960, §45.3619 (2).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-83 - Commission consent required for grant or assignment of lessee's or purchaser's interest in redevelopment property--Agreements required of grantee or assignee.

11-7-83. Commission consent required for grant or assignment of lessee's or purchaser's interest in redevelopment property--Agreements required of grantee or assignee.
Until the commission certifies that all building construction and other physical improvements specified to be done and made by the purchaser or lessee of real property in a redevelopment project area have been completed, the purchaser or lessee shall have no power to convey or assign the real property, any part thereof or interest therein, without the consent of the commission, and no such consent shall be given unless the grantee or assignee of the purchaser or lessee obligates itself or himself by written instrument to the commission to carry out that portion of the redevelopment plan relating to such property, and also that the grantee, his or its heirs, representatives, successors, and assigns, shall have no right or power to convey, lease, or assign the property, any part thereof or interest therein, or erect or use any building or structure erected thereon, free from the obligation and requirement to conform to the approved redevelopment plan or approved modifications thereof.
Source:
SL 1950 (SS), ch 13, §19, subdiv 3; SDC Supp 1960, §45.3619 (3).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-84 - Modification of redevelopment plans--Consent of lessee or purchaser required.

11-7-84. Modification of redevelopment plans--Consent of lessee or purchaser required.
A redevelopment plan may be modified at any time by the commission with the approval of the governing body of the municipality or the county, provided that if modified after the lease or sale of the redevelopment project or parts thereof, the modification must be consented to by the lessee or purchaser of the property affected by the proposed modification.
Source:
SL 1950 (SS), ch 13, §19, subdiv 4; SDC Supp 1960, §45.3619 (4); SL 1968, ch 186, §10.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-85 - Performance bond required of purchaser or lessee of redevelopment property.

11-7-85. Performance bond required of purchaser or lessee of redevelopment property.
The commission may in its discretion require a purchaser or a lessee to furnish a performance bond as security for its fulfillment of the agreement with the commission. The performance bond shall have such surety and be in such form and amount as the commission may approve.
Source:
SL 1950 (SS), ch 13, §19, subdiv 5; SDC Supp 1960, §45.3619 (5).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-86 - Notice and forfeiture on failure of purchaser or lessee to carry out required development--Repossession and completion of work by commission.

11-7-86. Notice and forfeiture on failure of purchaser or lessee to carry out required development--Repossession and completion of work by commission.
If the commission finds that the redevelopment is not being carried out or maintained in accordance with the contract terms and conditions, or there is a failure to prosecute the work with such diligence, or to assure its completion on time, it shall notify the purchaser or lessee and, when one exists, the surety in writing of the noncompliance. Unless the purchaser or lessee complies with the terms of agreement within twenty days from the date of such notice, a forfeiture by the purchaser or lessee to the commission shall result, and the commission may take over the work and may cause such work to be done, and, if there be a surety, the cost of the work shall be paid by the surety. The commission may take possession of and utilize in completion of the work such materials, appliances, and plant as may be on the site of the work and necessary therefor. Thereafter, the commission may operate, sell, or lease the completed premises on such terms as are agreeable with it.
Source:
SL 1950 (SS), ch 13, §19, subdiv 5; SDC Supp 1960, §45.3619 (5).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-87 - Estimate of costs and proceeds of redevelopment projects--Sufficiency of proceeds and public grants required--Capitalization of estimated revenues.

11-7-87. Estimate of costs and proceeds of redevelopment projects--Sufficiency of proceeds and public grants required--Capitalization of estimated revenues.
The cost of a redevelopment project, including administrative expense of the commission allocable to the project and debt charges, shall be known as the public redevelopment cost. The proceeds from the operation, sale, or lease of property in a redevelopment area shall be known as the capital proceeds. It shall be incumbent upon any commission, before engaging in any redevelopment project, to ascertain that federal or state public body grants or other financial assistance shall be sufficient when added to the capital proceeds, to at least equal the public redevelopment cost, provided, however, that the estimated revenues of prospective operations, leases, and sales may be capitalized and a bonded indebtedness assumed thereon, the proceeds of which may be entered into the computation in lieu of actual operation, sale or lease of the property.
Source:
SL 1950 (SS), ch 13, §20, subdiv 1; SDC Supp 1960, §45.3620 (1).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-88 - Sale or lease for variety of uses as purpose of redevelopment.

11-7-88. Sale or lease for variety of uses as purpose of redevelopment.
It is the purpose of this chapter that commissions will sell or lease the land in the redevelopment area (except such land as it may retain for public housing for low-income groups) for any of a variety of purposes, including private housing, commercial, and other purposes.
Source:
SL 1950 (SS), ch 13, §20, subdiv 2; SDC Supp 1960, §45.3620 (2).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-89 - Local public funds used for redevelopment only to extent not available from other sources.

11-7-89. Local public funds used for redevelopment only to extent not available from other sources.
Local public funds shall be provided for a redevelopment project only to the extent that funds are not available therefor from the federal government or other sources.
Source:
SL 1950 (SS), ch 13, §20, subdiv 3; SDC Supp 1960, §45.3620 (3).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-90 - Commission power to issue bonds and obligations--Housing projects and redevelopment projects kept separate.

11-7-90. Commission power to issue bonds and obligations--Housing projects and redevelopment projects kept separate.
A commission may issue its bonds or other obligations in the manner provided in §§11-7-92 to 11-7-101, inclusive; provided, however, that none of the proceeds of such bonds for redevelopment projects and no proceeds or revenues from any redevelopment project shall be used to pay the bonds or costs of or make contributions or loans to any low-rent housing project, nor shall the proceeds, revenues, or proceeds of bonds of any housing project be used to pay the bonds, costs of, or make contributions or loans to any redevelopment project.
Source:
SL 1950 (SS), ch 13, §20, subdiv 4; SDC Supp 1960, §45.3620 (4).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-91 - Provision for project revenues to be placed in debt service funds.

11-7-91. Provision for project revenues to be placed in debt service funds.
The commission may in its discretion provide that all revenues received from its redevelopment projects be placed in a debt service fund for the payment of interest and principal on all bonds issued for any redevelopment project, and the revenue from all such projects shall be paid into the debt service fund until all outstanding bonds have been fully paid. This same power shall exist with regard to housing projects.
Source:
SL 1950 (SS), ch 13, §20, subdiv 5; SDC Supp 1960, §45.3620 (5).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-92 - Commission power to issue bonds--Refunding bonds.

11-7-92. Commission power to issue bonds--Refunding bonds.
A commission shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. A commission shall also have power to issue refunding bonds for the purpose of paying or retiring bonds, including interest thereon, previously issued by it.
Source:
SL 1950 (SS), ch 13, §21; SDC Supp 1960, §45.3621.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-93 - Income and revenues from which bonds payable--Additional pledge of other funds or assets.

11-7-93. Income and revenues from which bonds payable--Additional pledge of other funds or assets.
A commission may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable:
(1)Exclusively from the income and revenues of the project financed with the proceeds of such bonds;
(2)Exclusively from the income and revenues of certain designated projects whether or not they are financed in whole or in part with the proceeds of such bonds; or
(3)From its revenues generally, provided that the housing projects and redevelopment projects of a commission shall be separately financed, and there shall be no confusion of financing or funds between projects of these two separate types.
Any such bonds may be additionally secured by a pledge of any grant or contributions, or parts thereof, from the federal government or other source, or a pledge of any income or revenues of the commission, or a mortgage of any project, projects, or other property of the commission.
Source:
SL 1950 (SS), ch 13, §21; SDC Supp 1960, §45.3621.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-95 - Submission of bonds for examination by attorney general--Certification of validity.

11-7-95. Submission of bonds for examination by attorney general--Certification of validity.
A commission may submit to the attorney general of the state any bonds to be issued hereunder after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be the duty of the attorney general to examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such bonds and proceedings conform to the provisions of this chapter and are otherwise regular in form and if such bonds when delivered and paid for will constitute binding and legal obligations enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of said bonds that it is issued in accordance with the Constitution and laws of the State of South Dakota.
Source:
SL 1950 (SS), ch 13, §27; SDC Supp 1960, §45.3627.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-96 - Issuance of bonds--Maturity dates--Interest rate--Denominations--Registration--Redemption provisions--Signatures.

11-7-96. Issuance of bonds--Maturity dates--Interest rate--Denominations--Registration--Redemption provisions--Signatures.
Bonds of a commission shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide. Bonds may be signed by the manual signature of one official designated by the governing body and by facsimile signature of other officials.
Source:
SL 1950 (SS), ch 13, §22; SDC Supp 1960, §45.3622; SL 1974, ch 114; SL 1975, ch 47, §9; SL 1980, ch 47, §6A; SL 1982, ch 123.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-97 - Private or public sale of bonds--Notice of sale.

11-7-97. Private or public sale of bonds--Notice of sale.
The bonds issued by a commission may be sold at private sale or at public sale to the highest bidder after notice of sale has been published once each week for at least two successive weeks in a legal newspaper published in the county where the commission is located. The notice shall specify the time and place of the sale.
Source:
SL 1950 (SS), ch 13, §22; SDC Supp 1960, §45.3622; SL 1972, ch 35, §7; SL 1984, ch 43, §99.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-98 - Validity of signatures on bonds--Negotiable investment securities.

11-7-98. Validity of signatures on bonds--Negotiable investment securities.
If any of the commissioners or officers of the commission whose signatures appear on any bonds or coupons cease to be commissioners or officers before the delivery of the bonds, their signatures shall be valid for all purposes. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be negotiable investment securities within the meaning of chapter 57A-8.
Source:
SL 1950 (SS), ch 13, §22; SDC Supp 1960, §45.3622; SL 1984, ch 43, §100.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-99 - Tax exemption of bonds.

11-7-99. Tax exemption of bonds.
Bonds of a commission are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes.
Source:
SL 1950 (SS), ch 13, §21; SDC Supp 1960, §45.3621.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-100 - Recital in bond conclusive as to purpose.

11-7-100. Recital in bond conclusive as to purpose.
In any suit, action, or proceeding involving the validity or enforceability of any bond of a commission or the security therefor, any such bond reciting in substance that it has been issued by the commission to aid in financing a project, as defined in §11-7-1, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of this chapter.
Source:
SL 1950 (SS), ch 13, §22; SDC Supp 1960, §45.3622.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-101 - Remedies conferred on bondholders by terms of bond.

11-7-101. Remedies conferred on bondholders by terms of bond.
A commission shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction:
(1)To cause possession of any project or any part thereof to be surrendered to any such obligee;
(2)To obtain the appointment of a receiver of any project of said commission or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such project or any part thereof and operate and maintain same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said commission as the court shall direct;
(3)To require said commission and the commissioners, officers, agents, and employees thereof to account as if it and they were the trustees of an express trust.
Source:
SL 1950 (SS), ch 13, §25; SDC Supp 1960, §45.3625.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-102 - Investment in bonds authorized for public funds, financial institutions, trusts, and fiduciaries.

11-7-102. Investment in bonds authorized for public funds, financial institutions, trusts, and fiduciaries.
The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business, and all personal representatives, guardians, trustees, and other fiduciaries may legally invest any moneys or funds belonging to them or within their control in any bonds or other obligations issued by a Housing and Redevelopment Commission created by or pursuant to this chapter, when such bonds or other obligations are secured by a pledge of annual contributions or other financial assistance to be paid by the United States government or any agency thereof, and such bonds and other obligations shall be authorized security for all public deposits; it being the purpose of this chapter to authorize any of the foregoing to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; provided, however, that nothing contained in this chapter shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities. The provisions of this chapter shall apply notwithstanding any restrictions on investments contained in other laws.
Source:
SL 1950 (SS), ch 15; SDC Supp 1960, §45.3629; SL 1968, ch 186, §12.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-103 - Acceptance of federal loans and grants authorized--Compliance with conditions.

11-7-103. Acceptance of federal loans and grants authorized--Compliance with conditions.
In addition to the powers conferred upon a housing commission by other provisions of this chapter, such commission is empowered to borrow money or accept contributions, grants, or other financial assistance from the federal government for or in aid of any project within its area of operation, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable and consistent with this chapter and the laws of this state.
Source:
SL 1950 (SS), ch 13, §26; SDC Supp 1960, §45.3626.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-104 - Mandamus available to obligee of commission--Injunction.

11-7-104. Mandamus available to obligee of commission--Injunction.
An obligee of a commission shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:
(1)By mandamus, or other appropriate proceedings to compel said commission and the commissioners, officers, agents, or employees thereof to perform each and every term, provision, and covenant contained in any contract of said commission with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said commission and the fulfillment of all duties imposed upon said commission by this chapter;
(2)To enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of said commission.
Source:
SL 1950 (SS), ch 13, §24; SDC Supp 1960, §45.3624.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-105 - Commissioners not personally liable on bonds--Public debt not created--Debt limitations not applicable.

11-7-105. Commissioners not personally liable on bonds--Public debt not created--Debt limitations not applicable.
Neither the commissioners of a commission nor any person executing the bonds is liable personally on the bonds by reason of the issuance of the bonds. The bonds and other obligations of a commission (and such bonds and obligations shall so state on their face) are not a debt of the first or second class municipality, the state, or any other political subdivision of the state and neither the municipality nor the state or any other political subdivision is liable for the bonds. Except as may be provided pursuant to subdivision 11-7A-2(8), the bonds or obligations are not payable out of any funds or properties other than those of the commission. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
Source:
SL 1950 (SS), ch 13, §21; SDC Supp 1960, §45.3621; SL 1992, ch 60, §2; SL 1996, ch 93, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-106 - Commission accounts and annual report to auditor-general and governing body.

11-7-106. Commission accounts and annual report to auditor-general and governing body.
Each commission shall keep an accurate account of all its activities and of all its receipts and expenditures and shall annually in the month of January make a report thereof to the auditor-general, and to the governing body of the municipality or the county as applicable, such reports to be in a form prescribed by the auditor-general.
Source:
SL 1950 (SS), ch 13, §8; SDC Supp 1960, §45.3608 (1); SL 1968, ch 186, §6.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-107 - Investigations and examinations by auditor-general.

11-7-107. Investigations and examinations by auditor-general.
The auditor-general may investigate the affairs of commissions and their dealings, transactions, and relationships. He shall have the power to examine into the properties and records of commissions and to prescribe methods of accounting and the rendering of periodical reports in relation to projects undertaken by commissions, which accounts and reports shall not be inconsistent with any system of accounts or reports prescribed pursuant to any contract for federal financial assistance.
Source:
SL 1950 (SS), ch 13, §8; SDC Supp 1960, §45.3608 (2).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-108 - Enforcement of compliance with chapter and rules and regulations.

11-7-108. Enforcement of compliance with chapter and rules and regulations.
Compliance with this chapter and the rules and regulations adopted by the auditor-general may be enforced by the attorney general by writ of mandamus or other appropriate proceedings.
Source:
SL 1950 (SS), ch 13, §8; SDC Supp 1960, §45.3608 (2).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07 - County And Municipal Housing And Redevelopment › Section 11-7-109 - Citation of chapter.

11-7-109. Citation of chapter.
This chapter may be cited as the "County and Municipal Housing and Redevelopment Law."
Source:
SL 1950 (SS), ch 13, §1; SDC Supp 1960, §45.3601; SL 1968, ch 186, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07A - Municipal Powers In Aid Of Housing And Development › Section 11-7A-1 - Definition of terms.

11-7A-1. Definition of terms.
Terms used in this chapter mean:
(1)"Housing and redevelopment commission" or "commission" any housing and redevelopment commission created by or pursuant to the municipal housing and redevelopment law of this state;
(2)"Municipality" any incorporated city or town or any county;
(3)"Project" any work or undertaking of a housing and redevelopment commission pursuant to the municipal housing and redevelopment law;
(4)"State public body," any municipality, commission, district, or other political subdivision or instrumentality of this state, except the State of South Dakota.
Source:
SL 1950 (SS), ch 14, §2; SDC Supp 1960, §45.3702; SDCL, §9-37-1; SL 1996, ch 93, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07A - Municipal Powers In Aid Of Housing And Development › Section 11-7A-2 - Municipal powers in implementation of certain public projects.

11-7A-2. Municipal powers in implementation of certain public projects.
For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of any projects of commissions located within the limits of a municipality, that municipality or any other state public body may, upon such terms, with or without consideration, as it may determine:
(1)Dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein to a commission;
(2)Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with such projects;
(3)Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;
(4)Approve redevelopment plans as defined in the municipal housing and redevelopment law, plan or replan, zone or rezone parts of such municipality; make exceptions from building regulations and ordinances; and make changes in its boundaries;
(5)Cause services to be furnished to the commission of the character which such municipality or any other state public body is otherwise empowered to furnish;
(6)Enter into agreements with respect to the exercise by such municipality or any other state public body of its powers relating to the repair, closing or demolition of unsafe, insanitary or unfit buildings;
(7)Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary), with a commission respecting action to be taken by such municipality or any other state public body pursuant to any of the powers granted by this section;
(8)In the case of a housing development project, as defined in subdivision 11-7-1(7A), make loans or contributions to that project, including its financing and the costs associated therewith, or enter into agreements to do so in the future, provided that each such loan or contribution made from otherwise unappropriated, unbudgeted, and unexpended generally available funds and is contingent upon the express authorization and appropriation to the project by the governing body of the municipality or other state public body, in its discretion, in the year in which actually made.
Any sale, conveyance, lease or agreement provided for under this section may be made by a municipality or any other state public body without appraisal, public notice, advertisement, or public bidding, notwithstanding any other laws to the contrary.
Source:
SL 1950 (SS), ch 14, §3; SDC Supp 1960, §45.3703; SDCL, §9-37-2; SL 1996, ch 93, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07A - Municipal Powers In Aid Of Housing And Development › Section 11-7A-3 - Restrictions on municipal financing of redevelopment and housing projects--Sources of funds used.

11-7A-3. Restrictions on municipal financing of redevelopment and housing projects--Sources of funds used.
Except as provided in §11-7A-2, no municipality may use any revenues or money of the municipality to pay the bonds of or make any loans or contributions to any redevelopment or housing project, except that this proviso is not applicable to any project for which financial assistance is provided by the federal government or any agency or instrumentality thereof which requires an outlay of money on the part of the municipality for a loan or grant to such project as a condition of the federal financial assistance, in which case a loan or grant, as required, may be made by the municipality to a commission located within the municipality, provided that such moneys as are loaned or granted under the provisions of this section shall be otherwise unappropriated, unbudgeted, and unexpended funds in the general fund or money derived from the sale by the municipality of general obligation bonds, such sale to be subject to the limitations of and in the manner and after authorization as provided by law.
Source:
SL 1950 (SS), ch 14, §4; SDC Supp 1960, §45.3704; SDCL, §9-37-3; SL 1996, ch 93, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07A - Municipal Powers In Aid Of Housing And Development › Section 11-7A-4 - Supplemental nature of powers.

11-7A-4. Supplemental nature of powers.
The powers conferred by §§11-7A-2 and 11-7A-3 shall be in addition and supplemental to the powers conferred by any other law.
Source:
SL 1950 (SS), ch 14, §5; SDC Supp 1960, §45.3705; SDCL, §9-37-4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07A - Municipal Powers In Aid Of Housing And Development › Section 11-7A-5 - Short title of law.

11-7A-5. Short title of law.
Sections 11-7A-1 to 11-7A-5, inclusive, may be referred to as the "housing and redevelopment cooperation law."
Source:
SL 1950 (SS), ch 14, §1; SDC Supp 1960, §45.3701; SDCL, §9-37-5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07A - Municipal Powers In Aid Of Housing And Development › Section 11-7A-6 - Municipal acquisition of federal housing projects--Sources of funds used.

11-7A-6. Municipal acquisition of federal housing projects--Sources of funds used.
Any incorporated municipality of this state may acquire, through purchase or gift of the entire property ownership therein, any existing federally owned housing within the corporate boundaries of the municipality and own, operate, maintain, and dispose of such housing, provided that if acquisition be by purchase, the funds for such purchase shall be derived from either otherwise unappropriated, unbudgeted, and unexpended funds in the general fund or from the sale by the municipality of general obligation bonds, such sale to be subject to the limitations of and in the manner and after authorization as provided by law, and provided further that no such acquisition shall be made unless the federal government shall have signified an intention to terminate its operation of such housing within a period of one year in the future.
Source:
SL 1950 (SS), ch 12; SDC Supp 1960, §45.0207; SDCL, §9-37-6.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07A - Municipal Powers In Aid Of Housing And Development › Section 11-7A-7 - Approval required for municipal projects.

11-7A-7. Approval required for municipal projects.
Nothing in this chapter authorizes a state public body to undertake, construct, or operate a project within a municipality, without approval from the governing body or voters of that municipality.
Source:
SL 1996, ch 93, §5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 07A - Municipal Powers In Aid Of Housing And Development › Section 11-7A-8 - Rebate of municipal property taxes to further housing goals.

11-7A-8. Rebate of municipal property taxes to further housing goals.
Any municipality may rebate the municipal property taxes paid on housing that furthers the municipality's housing goals. Any such municipality shall, by ordinance, develop a program that provides for the type of housing that qualifies for the rebate, the length of time the rebate may apply, and the criteria the housing shall meet in order to qualify for the rebate.
Source:
SL 2016, ch 73, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 08 - Urban Renewal › Section 11-8-2 - "Slum area" defined.

11-8-2."Slum area" defined.
Wherever used or referred to in this chapter, unless a different meaning is clearly indicated by the context, "slum area" shall mean an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors as are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals, or welfare.
Source:
SL 1966, ch 149, §2 (8).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 08 - Urban Renewal › Section 11-8-3 - "Blighted area" defined.

11-8-3."Blighted area" defined.
Wherever used or referred to in this chapter, unless a different meaning is clearly indicated by the context, "blighted area" shall mean an area which by reason of the presence of a substantial number of slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other cause, or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use: provided, that if such blighted area consists of open land the conditions contained in §11-8-17 shall apply: and provided further, that any disaster area referred to in §11-8-18 shall constitute a "blighted area."
Source:
SL 1966, ch 149, §2 (9).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 08 - Urban Renewal › Section 11-8-4 - "Urban renewal area" defined.

11-8-4."Urban renewal area" defined.
Wherever used or referred to in this chapter, unless a different meaning is clearly indicated by the context, "urban renewal area" means a slum area or a blighted area or a combination thereof which the local governing body designates as appropriate for an urban renewal project.
Source:
SL 1966, ch 149, §2 (11).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 08 - Urban Renewal › Section 11-8-5 - "Urban renewal project" defined.

11-8-5."Urban renewal project" defined.
Wherever used or referred to in this chapter, unless a different meaning is clearly indicated by the context, "urban renewal project" may include undertakings and activities of a municipality in an urban renewal area for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan.
Source:
SL 1966, ch 149, §2 (10).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 08 - Urban Renewal › Section 11-8-6 - "Urban renewal plan" defined.

11-8-6."Urban renewal plan" defined.
Wherever used or referred to in this chapter, unless a different meaning is clearly indicated by the context, "urban renewal plan" means a plan as it exists for an urban renewal project, which plan:
(1)Shall conform to the master plan or parts thereof for municipality as a whole; and
(2)Shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation, as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives, respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.
Source:
SL 1966, ch 149, §2 (12).
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 08 - Urban Renewal › Section 11-8-7 - Legislative findings and declaration of necessity.

11-8-7. Legislative findings and declaration of necessity.
It is hereby found and declared that there exist in municipalities of the state slum and blighted areas, as defined in §§11-8-2 and 11-8-3, which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous municipal burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of state policy and state concern in order that the state and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities.
It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this chapter, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied, or prevented; and that salvageable slum and blighted areas can be conserved and rehabilitated through appropriate public action as herein authorized, and the cooperation and voluntary action of the owners and tenants of property in such areas.
It is further found and declared that the powers conferred by this chapter are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised; and the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.
Source:
SL 1966, ch 149, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 08 - Urban Renewal › Section 11-8-8 - Findings and declaration of necessity required of governing body before exercise of authority.

11-8-8. Findings and declaration of necessity required of governing body before exercise of authority.
No municipality shall exercise the authority conferred upon municipalities by this chapter until after the local governing body shall have adopted a resolution finding that: one or more slum or blighted areas exist in such municipality; and the rehabilitation, conservation, redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such municipality.
Source:
SL 1966, ch 149, §6.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 08 - Urban Renewal › Section 11-8-9 - Formulation of municipal program for urban renewal--Elements included in program.

11-8-9. Formulation of municipal program for urban renewal--Elements included in program.
A municipality for the purposes of this chapter may formulate for the municipality a workable program for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for: the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum and blighted areas or portions thereof.
Source:
SL 1966, ch 149, §5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 08 - Urban Renewal › Section 11-8-10 - Maximum opportunity to private enterprise as objective--Objective considered in implementation of program.

11-8-10. Maximum opportunity to private enterprise as objective--Objective considered in implementation of program.
A municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this chapter, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. A municipality shall give consideration to this objective in exercising its powers under this chapter, including the formulation of a workable program, the approval of urban renewal plans, community-wide plans or programs for urban renewal, and general neighborhood renewal plans consistent with the general plan of the municipality, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the provision of necessary public improvements.
Source:
SL 1966, ch 149, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 08 - Urban Renewal › Section 11-8-11 - Discrimination prohibited.

11-8-11. Discrimination prohibited.
For all of the purposes of this chapter, no person shall, because of race, creed, color, or national origin, be subjected to any discrimination.
Source:
SL 1966, ch 149, §19.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 08 - Urban Renewal › Section 11-8-12 - Master plan required before approval of urban renewal plans--Adoption of master plan.

11-8-12. Master plan required before approval of urban renewal plans--Adoption of master plan.
The local governing body shall not approve an urban renewal plan until a master plan or parts of such plan for an area which would include an urban renewal area for the municipality have been prepared. For this purpose and other municipal purposes, authority is hereby vested in every municipal governing body to prepare to adopt, and to revise from time to time a master plan or parts thereof as defined in §11-6-14, for the physical development of the municipality as a whole and to make available and to appropriate necessary funds therefor.
Source:
SL 1966, ch 149, §7 (1).