Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS

Terms used in this chapter mean: (1) "Area of operation," in the case of a commission created in and for a municipality or county, the area within the territorial boundaries of that municipality or that county; (2) "Bonds," any bonds, including refunding bonds, notes, interim cer…

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…

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 conclus…

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 eve…

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…

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 …

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 comm…

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 t…

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…

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 i…

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).

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.

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, n…

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.…

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 appo…

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 …

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…

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…

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 …

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. Sou…

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…

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, ligh…

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).

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, …

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 .

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 b…

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 …

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-…

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 …

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 ma…

No commissioner or employee of a commission may voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for …

A commission shall further have power to make such payments in lieu of taxes to the first or second class municipality or the county, the state or any political subdivision thereof, as it finds consistent with this chapter. Source: SL 1950 (SS), ch 13 , § 7, subdiv 3 (1); SDC Sup…

A commission shall have further power to cooperate with or act as agent for the federal government, the state or any state public body, or any agency or instrumentality of the foregoing, in carrying out any of the provisions of this chapter or any other related federal, state, or…

A commission shall have further power to borrow and loan money or other property and accept contributions, grants, gifts, services, or other assistance from the federal government, state public bodies, or from any other public or private sources. A commission shall not have the p…

A commission shall have further power to include in any contract for financial assistance with the federal government any conditions which the federal government may attach to its financial aid of a project, not inconsistent with the purposes of this chapter; and in any contract …

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, ade…

A commission shall have further power to issue bonds, notes, or other evidences of indebtedness, as hereinafter provided. Source: SL 1950 (SS), ch 13 , § 7, subdiv 3 (5); SDC Supp 1960, § 45.3607 (3) (e).

A commission shall have further power to invest any funds held in reserves or debt service funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control. Source: SL 1950 (SS), ch 13 …

A commission shall have further power within its area of operation to determine where slum or blighted areas exist or where there is unsafe, insanitary, or overcrowded housing. Source: SL 1950 (SS), ch 13 , § 7, subdiv 3 (7); SDC Supp 1960, § 45.3607 (3) (g).

A commission shall have further power to establish and revise from time to time the maximum amount of income of tenants entitled to admission to housing projects of a commission, subject to the qualifications contained in this chapter. Source: SL 1950 (SS), ch 13 , § 7, subdiv 3 …

A commission shall have further power to undertake and carry out studies and analyses of the housing and redevelopment needs within its area of operation and of the meeting of these needs (including data with respect to population and family groups and the distribution thereof ac…

A commission shall have further power to prepare or cause to be prepared a general plan for the development of the municipality as a whole or the county as applicable, when the municipality or county does not have a planning agency or such plan has not been prepared. Source: SL 1…

A commission shall have further power to lease or rent any dwellings, accommodations, lands, buildings, structures, or facilities embraced in any project and (subject to the limitations contained in this chapter with respect to the rental of dwellings in housing projects) to esta…

A commission shall have further power to own, hold, and improve real or personal property and to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest therein. Source: SL 1950 (SS), ch 13 , § 7, subdiv 3 (12); SDC Supp 1960, …

A commission shall have further power to insure or provide for the insurance of any real or personal property or operations of the commission against any risks or hazards. Source: SL 1950 (SS), ch 13 , § 7, subdiv 3 (13); SDC Supp 1960, § 45.3607 (3) (m).

A commission shall have further power to procure or agree to the procurement of federal or state government insurance or guaranties of the payment of any bonds or parts thereof issued by a commission, including the power to pay premiums on such insurance or guaranties. Source: SL…

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 t…

A commission shall have further power to arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities, for, or in connection with its projects; and to agree to conditions, not inconsistent with the purposes of th…

A commission shall have further power to make such expenditures as may be necessary to carry out the purposes of this chapter. Source: SL 1950 (SS), ch 13 , § 7, subdiv 3 (16); SDC Supp 1960, § 45.3607 (3) (p).

A commission may exercise all or any part or combination of the powers granted by this chapter within its area of operation. Source: SL 1950 (SS), ch 13 , § 7, subdiv 4; SDC Supp 1960, § 45.3607 (4).