Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS
17 chapters · 652 sections in this title.
SDCL § 11-7-43 Projects subject to zoning, sanitary, and building regulations
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All projects of a commission shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the project is situated. Source: SL 1950 (SS), ch 13 , § 7, subdiv 5; SDC Supp 1960, § 45.3607 (5).
SDCL § 11-7-44 Work contracts and purchases to be awarded on competitive bids
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Any construction work, and work of demolition or clearing, and any purchase of equipment, supplies, or materials, necessary in carrying out the purposes of this chapter, shall be awarded pursuant to the provisions of chapters 5-18A and 5-18B . Source: SL 1950 (SS), ch 13 , § 10; …
SDCL § 11-7-49 Approval required for initiation of low - rent housing projects
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A commission may not initiate any low - rent housing project and may not enter into any contract with respect thereto unless the governing body of the municipality or the county as applicable has by resolution approved a resolution of necessity by the commission for the provision…
SDCL § 11-7-49.1 Construction of low - rent housing project by housing and redevelopment commission upon approval
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If the governing body of the municipality or county as applicable has approved a specific project pursuant to § 11-7-53 , the housing and redevelopment commission of that municipality or county may initiate, construct, and carry on such public low - rent housing project. If such …
SDCL § 11-7-5 "Redevelopment project" defined
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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 acquisi…
SDCL § 11-7-53 Approval by governing body required for low - rent housing project
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A commission may not initiate any low - rent housing project or enter into any contract with respect thereto unless the governing body of the municipality or the county as applicable has by resolution approved the provision of that specific low - rent housing project. Source: SL …
SDCL § 11-7-53.1 Housing development project--Necessity--Eminent domain requirements--Sale or lease of interest to private developers--Sale or lease for other purposes--Power of commission
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Before carrying out a housing development project, a commission shall find that the project is necessary to alleviate a shortage of decent, safe, and sanitary housing for persons of low or moderate income and their families as such income is determined by the commission. No housi…
SDCL § 11-7-53.2 Approval of housing development project plan required before issuance of bonds or obligations
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Before the issuance of bonds or obligations for a housing development project proposed by a commission under § 11-7-53.1 , the commission shall prepare and submit for the governing body's approval a plan addressing the following requirements: (1) The housing needs of the municipa…
SDCL § 11-7-53.3 Competitive bidding on construction of housing development project
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A commission need not require competitive bidding on the construction or development of a housing development project if: (1) The project is financed with the proceeds of bonds issued under this chapter or from nongovernmental sources; (2) The project is either located on land th…
SDCL § 11-7-56 Purchase or lease of existing buildings in lieu of new construction for housing project
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In order to conserve the existing housing supply, a commission is authorized to purchase or lease or otherwise acquire existing buildings for low - rent housing whenever this is feasible, in lieu of new construction. All provisions of this chapter relating to other low - rent hou…
SDCL § 11-7-57 Conditions required for purchase or lease of existing buildings for housing project
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Before proceeding with a project under § 11-7-56 a commission shall make an analysis demonstrating: (1) The buildings to be acquired shall be in such condition that it is feasible to remodel, repair, or reconstruct them and the buildings, when rehabilitated will provide decent, s…
SDCL § 11-7-58 Low - rent policy--Operation of housing projects for profit prohibited--Costs to be covered by rentals
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Each commission shall manage and operate its housing projects in an efficient manner to enable it to fix the rentals or payments for dwelling accommodations at rates consistent with its providing decent, safe, and sanitary dwelling accommodations for persons of low income, and no…
SDCL § 11-7-59 Income and accommodation standards in selection of tenants and rental of housing projects
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In the operation or management of housing projects, a commission shall at all times observe the following duties with respect to rentals and tenant admissions: (1) It may rent or lease the dwelling accommodations therein only to persons of low income and at rentals within the fin…
SDCL § 11-7-6 "Redevelopment plan" defined--Purposes of plan
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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 r…
SDCL § 11-7-60 Noncitizens not accepted as tenants in housing projects
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A commission shall not accept as a tenant in any housing project any person who is not a citizen of the United States. Source: SL 1950 (SS), ch 13 , § 13, subdiv 2; SDC Supp 1960, § 45.3613 (2).
SDCL § 11-7-61 Religious and political discrimination prohibited in selection of tenants
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There shall be no discrimination in the selection of tenants because of religious, political, or other affiliations. Source: SL 1950 (SS), ch 13 , § 14; SDC Supp 1960, § 45.3614.
SDCL § 11-7-62 Preference in rental to persons displaced by commission operations
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Except as otherwise required pursuant to federal law, in contracts for federal financial assistance, if the number of qualified applicants for dwelling accommodations exceed the dwelling units available, preference shall be given to inhabitants of the area of operation of the com…
SDCL § 11-7-63 Preference in rentals to servicemembers and veterans
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As between applicants equally in need and eligible for occupancy of a dwelling and at the rent involved, preference shall be given, except as otherwise required pursuant to federal law in contracts for federal financial assistance, to families of servicemen (including families of…
SDCL § 11-7-64 Welfare recipients considered for admission to housing projects
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In admitting families of low income to dwelling accommodations in any housing project a commission shall, as far as is reasonably practicable, give due consideration to families making application for dwelling accommodations to which temporary assistance for needy families is pay…
SDCL § 11-7-65 Periodic investigation of circumstances of tenants in housing projects
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A commission shall make periodic investigations of each family admitted to a low - rent housing project and, on the basis of said investigations, shall determine whether that family at the time of its admission: (1) Lived in an unsafe, insanitary, or overcrowded dwelling or had b…
SDCL § 11-7-66 Conditions waived in admitting servicemembers and veterans to housing projects
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The requirement in subdivision 11-7-65(1) shall not be applicable in the case of the family of any serviceman or the family of any veteran as defined in § 33A-2-1 , or the family of any serviceman who died in the armed forces of the United States where application for admission t…
SDCL § 11-7-67 Families with increased income required to move from project
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If it is found upon any investigation pursuant to § 11-7-65 that the net incomes of any families have increased beyond the maximum income limits fixed pursuant to this chapter for continued occupancy in such housing, those families shall be required to move from the project. Sour…
SDCL § 11-7-68 Rules and regulations for occupancy of housing projects
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The occupancy of any dwelling unit in a housing project under the jurisdiction of the commission shall be subject to such reasonable rules and regulations as may be prescribed by it. Source: SL 1950 (SS), ch 13 , § 16, subdiv 2; SDC Supp 1960, § 45.3616 (2); SL 1967, ch 225 , § 2…
SDCL § 11-7-69 Commission liable in contract or tort--Personal liability of commission members
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A commission shall be liable in contract or in tort in the same manner as a private corporation. The members of a commission shall not be personally liable as such on its contracts, or for torts not committed or directly authorized by them. Source: SL 1950 (SS), ch 13 , § 9; SDC …
SDCL § 11-7-7 Housing and redevelopment commissions created--Findings and declaration of need required before exercise of powers
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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 unt…
SDCL § 11-7-7.1 Joint agreements between municipal and county commissions
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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,…
SDCL § 11-7-7.2 Dissolution of municipal commission to participate in county commission--Transfer of rights, property, and obligations
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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 resolut…
SDCL § 11-7-70 Commission property exempt from judicial process--Mandamus to enforce payment of judgment--Rights of obligees preserved
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All property including funds of a commission shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against a commission be a charge or lien upon its property, but, if a commissi…
SDCL § 11-7-71 Receivership remedy preserved for obligee on housing project--Acquisition of redevelopment property on default by purchaser or lessee
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Nothing contained in §§ 11-7-1 to 11-7-70 , inclusive, shall be construed as limiting the power of a commission: (1) With respect to a housing project, to vest in an obligee the right, in the event of a default by the commission, to take possession thereof or cause the appointmen…
SDCL § 11-7-72 Commission property exempt from taxes and special assessments--Exemption terminated on transfer to private ownership--Utility and service charges payable
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The properties of a commission are declared to be public properties used for essential public and governmental purposes, and the properties and the commission are exempt from all taxes and special assessments of the first or second class municipality, the county, the state, or an…
SDCL § 11-7-73 Exempt housing project to make payments in lieu of taxes--Annual statement--Percentage of rentals to be paid--Distribution of payments to governmental units
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Notwithstanding the provisions of § 11-7-72 , any housing project of the commission that has become occupied, either in whole or in part, and is exempt from taxation pursuant to § 11-7-72 shall make payments in lieu of taxes. The commission shall file with the proper director of …
SDCL § 11-7-74 General development plan required before recommendation of redevelopment plan
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A commission shall not recommend a redevelopment plan to the governing body of the municipality or the county as applicable until a general plan for the development of the municipality or the county as a whole has been prepared. Source: SL 1950 (SS), ch 13 , § 18, subdiv 1; SDC S…
SDCL § 11-7-75 Initiation of redevelopment plans--Submission to and recommendations by planning agency
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Any person may submit a redevelopment plan to a commission or the commission may prepare such a plan on its own initiative. Any redevelopment plan shall be transmitted by a commission to the planning agency, if one exists, of the municipality or the county in which the redevelopm…
SDCL § 11-7-76 Recommendation of redevelopment plan to governing body--Statements to accompany redevelopment plan
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Upon receipt of the recommendations of the planning agency, or if no planning agency exists, without such recommendations the commission may recommend a redevelopment plan to the governing board of the municipality or the county as applicable for approval. The recommendation shal…
SDCL § 11-7-77 Notice and hearing by governing body on redevelopment plan--Decision by governing body
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The governing body of the municipality or county as applicable shall hold a public hearing on any redevelopment plan recommended by the commission, after one publication of notice in a legal newspaper published in the county in which the commission is located. The publication sha…
SDCL § 11-7-78 Findings of governing body required for approval of redevelopment plan
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The commission shall not proceed with the redevelopment project unless the governing body of the municipality or the county as applicable approves the redevelopment plan and finds, by resolution: (1) That the redevelopment project area is a slum area (as defined in § 11-7-2 ) or …
SDCL § 11-7-79 Resubmission to governing body of modified redevelopment plan--Recommendation and approval conclusive of public need
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A redevelopment plan which has not been approved by the governing body when recommended by the commission may again be recommended to it with such modifications as are necessary to meet its objectives. Upon approval of a redevelopment plan, the recommendation of the commission fo…
SDCL § 11-7-8 Factors considered in determining adequacy of dwelling accommodations
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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…
SDCL § 11-7-80 Lease or transfer of real property in redevelopment project--Price of lease or sale--Appraisal
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The commission may sell, lease, exchange, or otherwise transfer to any person or state public body real property acquired under the provisions of this chapter, and thereafter the real property shall be used only in accordance with the limitations and conditions set forth in the r…
SDCL § 11-7-81 Retention of redevelopment property for housing project--Housing funds transferred to redevelopment funds
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The commission may retain real property for use for a housing project if such use be in conformity with the redevelopment plan. In such case, there shall be transferred to the redevelopment project funds from the housing project funds, the amount determined to be the fair value o…
SDCL § 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
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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 adjust…
SDCL § 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
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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 as…
SDCL § 11-7-84 Modification of redevelopment plans--Consent of lessee or purchaser required
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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 …
SDCL § 11-7-85 Performance bond required of purchaser or lessee of redevelopment property
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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. Sourc…
SDCL § 11-7-86 Notice and forfeiture on failure of purchaser or lessee to carry out required development--Repossession and completion of work by commission
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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 lesse…
SDCL § 11-7-87 Estimate of costs and proceeds of redevelopment projects--Sufficiency of proceeds and public grants required--Capitalization of estimated revenues
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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 a…
SDCL § 11-7-88 Sale or lease for variety of uses as purpose of redevelopment
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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. Sou…
SDCL § 11-7-89 Local public funds used for redevelopment only to extent not available from other sources
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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).
SDCL § 11-7-9 Publication of notice and hearing on resolution to activate housing and redevelopment commission--Publication as ordinance
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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 tim…
SDCL § 11-7-90 Commission power to issue bonds and obligations--Housing projects and redevelopment projects kept separate
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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 pa…