Title 1 — STATE AFFAIRS AND GOVERNMENT
88 chapters · 1,826 sections in this title.
SDCL § 1-19B-52 Ordinances to prevent deterioration by neglect--Misdemeanor
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The governing body of any county or municipality may enact an ordinance to prevent the deterioration by intentional neglect of any designated historic property or any property within an established historic district. Any property owner violating an ordinance established pursuant …
SDCL § 1-19B-53 Governing body's power to protect historic properties
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In addition to any power or authority of a county or municipality to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing body of any county or municipality may provide by regulations, special conditions, or restrictions for the prot…
SDCL § 1-19B-54 Exemption of historic properties from health and building codes
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The governing body of any county or municipality, in order to promote the preservation and restoration of historic properties within its jurisdiction, may exempt an historic property from the application of such standards contained in the county or municipal health or building co…
SDCL § 1-19B-55 Public regulation or acquisition of historic properties unimpaired
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Nothing in this chapter prevents the regulation or acquisition of historic buildings, structures, sites, areas, or objects owned by the state or any of its political subdivisions, agencies, or instrumentalities. Source: SL 1974, ch 21 , § 6; SL 2009, ch 1 , § 97.
SDCL § 1-19B-56 Conservation easements--Definitions
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Terms used in §§ 1-19B-56 to 1-19B-60 , inclusive, mean: (1) "Conservation easement," a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural or open - space values of real…
SDCL § 1-19B-57 Conservation easement creation, modification, transfer, and termination
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A conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. The term of the conservation easement shall be established by the parties to the easement. No right or dut…
SDCL § 1-19B-58 Actions affecting conservation easements
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An action affecting a conservation easement may be brought by: (1) An owner of an interest in the real property burdened by the easement; (2) A holder of the easement; or (3) A person having a third - party right of enforcement. Sections 1-19B-56 to 1-19B-60 , inclusive, do not a…
SDCL § 1-19B-59 Validity of conservation easements
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A conservation easement is valid even though: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to another holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) …
SDCL § 1-19B-6 Revenue bonds authorized
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To achieve the purposes of this chapter, the governing body of any county or municipality may issue revenue bonds in accordance with chapter 9-40 . Source: SL 1974, ch 21 , § 23; SL 1984, ch 43 , § 59.
SDCL § 1-19B-60 Application to conservation easements
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The provisions of §§ 1-19B-56 to 1-19B-60 , inclusive, apply to any interest created after July 1, 1984, which complies with §§ 1-19B-56 to 1-19B-60 , inclusive, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwi…
SDCL § 1-19B-62 Ordinance requiring review of undertakings which will encroach upon, damage or destroy historic property
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Any county or municipality may enact an ordinance requiring a county or municipal historic preservation commission to review any undertaking, whether publicly or privately funded, which will encroach upon, damage, or destroy any historic property included in the national register…
SDCL § 1-19B-7 Appropriations for operating expenses and acquisition and management of historic properties
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The governing board of a county or municipality is authorized to make appropriations to an historic preservation commission established pursuant to this chapter in any amount that it may determine necessary for the expenses of the operation of the commission, and may make availab…
SDCL § 1-19B-8 Survey of local historic properties--Standards and criteria
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Any county or municipal historic preservation commission established pursuant to this chapter may conduct a survey of local historic properties, complying with all applicable standards and criteria of the statewide survey undertaken by the South Dakota State Historical Society of…
SDCL § 1-19B-9 Entry on private lands for survey--Consent required to enter building
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Any county or municipal historic preservation commission established pursuant to this chapter may enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey. However, no member, employee, or agent of the commissi…