Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS
17 chapters · 652 sections in this title.
SDCL § 11-8-54 Temporary operation and maintenance of urban renewal property by municipality
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A municipality may temporarily operate and maintain real property acquired by it in an urban renewal area for or in connection with an urban renewal project pending the disposition of the property as authorized in this chapter, without regard to the provisions of §§ 11-8-55 to 11…
SDCL § 11-8-55 Lease or transfer of property for urban renewal development--Covenants and conditions--Approval by governing body
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A municipality may sell, lease or otherwise transfer real property or any interest therein acquired by it for an urban renewal project, and may enter into contracts with respect thereto, in an urban renewal area for residential, recreational, commercial, industrial, educational, …
SDCL § 11-8-56 Property transferred as rapidly as feasible
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Real property acquired by a municipality which, in accordance with the provisions of the urban renewal plan, is to be transferred, shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan. Sour…
SDCL § 11-8-57 Fair value of property leased, transferred or retained--Factors considered in determining fair value
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Such real property or interest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, a munici…
SDCL § 11-8-58 Negotiated sale of urban renewal property--Advertising and invitation for proposals
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A municipality may dispose of real property in an urban renewal area to private persons on a negotiated basis at a price not less than its fair market value. Notice of the intent of the municipality to dispose of the real property and an invitation to submit proposals shall be pu…
SDCL § 11-8-59 Restriction on lease or reconveyance in conveyance to purchaser or lessee of urban renewal property
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The municipality in any instrument of conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, lease, or otherwise transfer the real property without the prior written consent of the municipality until he has completed …
SDCL § 11-8-6 "Urban renewal plan" defined
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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…
SDCL § 11-8-60 Municipal conveyance conclusively presumed valid
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Any instrument executed by a municipality and purporting to convey any right, title, or interest in any property under this chapter shall be conclusively presumed to have been executed in compliance with the provisions of this chapter insofar as title or other interest of any bon…
SDCL § 11-8-61 Recording of urban renewal plan and contract for transfer of property
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Any contract for such transfer and the urban renewal plan, or such part or parts of such contract or plan as the municipality may determine, may be recorded in the land records of the county in such manner as to afford actual or constructive notice thereof. Source: SL 1966, ch 14…
SDCL § 11-8-62 Formalities waived in disposition of property acquired prior to approval of plan
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Any real property acquired pursuant to § 11-8-25 may be disposed of without regard to the provisions of §§ 11-8-55 to 11-8-61 , inclusive, if the local governing body has consented to the disposal. Source: SL 1966, ch 149 , § 10 (4).
SDCL § 11-8-63 Disposition of urban renewal property for resale by public body or nonprofit corporation--Purchaser or lessee required to develop
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Notwithstanding any other provisions of this chapter, where the municipality is situated in an area designated as a redevelopment area under the Federal Area Redevelopment Act (Public Law 87-27) or succeeding law, land in an urban renewal project area designated under the urban r…
SDCL § 11-8-64 Tax exemption of urban renewal property--Termination of exemption on transfer to private purchaser or lessee
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The property of a municipality, acquired or held for the purposes of this chapter is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the municipality, the county, the state, or any political su…
SDCL § 11-8-65 Exemption from judicial process of urban renewal property--Remedies of obligees preserved
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All property of a municipality, including funds, owned or held by it for the purposes of this chapter 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 judgment against a municipality be…
SDCL § 11-8-66 Power to issue bonds for urban renewal projects--Refunding bonds
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A municipality shall have power to issue bonds from time to time in its discretion to finance the undertaking of any urban renewal project under this chapter, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys a…
SDCL § 11-8-67 Income and revenues from which bonds payable--Additional security for payment of bonds
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Bonds issued pursuant to § 11-8-66 shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects under this cha…
SDCL § 11-8-68 Resolution or ordinance authorizing bonds
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Bonds issued under § 11-8-66 may be authorized by resolution or ordinance of the local governing body as provided in chapter 6-8B . Source: SL 1966, ch 149 , § 11; SL 1974, ch 115 ; SL 1975, ch 47 , § 10; SL 1983, ch 28 , § 35; SL 1984, ch 43 , § 102. 11-8-69, 11-8-70. Repealed b…
SDCL § 11-8-7 Legislative findings and declaration of necessity
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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; …
SDCL § 11-8-71 Bonds not subject to debt limitation
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Bonds issued under § 11-8-66 shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Source: SL 1966, ch 149 , § 11; SL 1984, ch 43 , § 102A.
SDCL § 11-8-72 Tax exemption of bonds
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Bonds issued under the provisions of this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. Source: SL 1966, ch 149 , § 11.
SDCL § 11-8-73 Recital in bond conclusive of purpose and validity
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In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this chapter or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an urban renewal project, as herein defin…
SDCL § 11-8-74 Investment in bonds authorized for financial institutions, trusts, fiduciaries and public deposits
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All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other per…
SDCL § 11-8-75 Chapter controlling and supplemental to other laws
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Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling. The powers conferred by this chapter shall be held and construed as ancillary and supplemental to the powers conferred by any othe…
SDCL § 11-8-76 Severability of chapter and applications
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If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid appli…
SDCL § 11-8-8 Findings and declaration of necessity required of governing body before exercise of authority
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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, redev…
SDCL § 11-8-9 Formulation of municipal program for urban renewal--Elements included in program
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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…