Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS
17 chapters · 652 sections in this title.
SDCL § 11-8-1 Definition of terms
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Terms as used in this chapter mean: (1) "Agency" or "Urban Renewal Agency," a public agency created by § 11-8-40 ; (2) "Area of operation," the area within the corporate limits of the municipality and the area within three miles of such limits, except that the term does not inclu…
SDCL § 11-8-10 Maximum opportunity to private enterprise as objective--Objective considered in implementation of program
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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 b…
SDCL § 11-8-11 Discrimination prohibited
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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.
SDCL § 11-8-12 Master plan required before approval of urban renewal plans--Adoption of master plan
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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 e…
SDCL § 11-8-13 Finding of slum area or blighted area required before approval of project
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A municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has, by resolution, determined such area to be a slum area or a blighted area or a combination thereof and designated such area as appropriate for an urban renewal projec…
SDCL § 11-8-14 Initiation of urban renewal plans--Submission to and recommendations by planning commission--Time allowed for review
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The municipality may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to a municipality. Prior to its approval of an urban renewal project, the local governing body shall submit such plan to the plann…
SDCL § 11-8-15 Notice and hearing by governing body on urban renewal plan
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The local governing body shall hold a public hearing on an urban renewal plan after public notice thereof. Such notice shall be given by publication once each week for two consecutive weeks, not less than ten nor more than thirty days prior to the date of the hearing in a legal n…
SDCL § 11-8-16 Findings required for approval of urban renewal project by governing body
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Following such hearing, the local governing body may approve an urban renewal project and the plan therefor if it finds that: (1) A feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommo…
SDCL § 11-8-17 Findings required for approval of urban renewal project in open area
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If the urban renewal area consists of an area of open land to be acquired by the municipality, such area shall not be so acquired unless: (1) If it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and …
SDCL § 11-8-18 Requirements waived for rehabilitation of disaster area
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Notwithstanding any other provisions of this chapter, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the state ha…
SDCL § 11-8-19 Modification of urban renewal plan--Rights of lessee or purchaser protected
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An urban renewal plan may be modified at any time by the governing body: provided that if modified after the lease or sale by the municipality of real property in the urban renewal project area, such modification may be conditioned upon such approval of the owner, lessee, or succ…
SDCL § 11-8-2 "Slum area" defined
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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, dete…
SDCL § 11-8-20 Plan or modification effective on approval by governing body
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Upon the approval by the local governing body of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area and the municipality may then cause such plan or modification to b…
SDCL § 11-8-21 Necessary powers granted to municipality
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Every municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the powers granted by §§ 11-8-22 to 11-8-33 , inclusive, in addition to others herein granted. Source: SL 1966, ch 149 , § 8.
SDCL § 11-8-22 Municipal power to carry out projects and related activities--Contracts and instruments--Dissemination of information
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Every municipality shall have the power to undertake and carry out urban renewal projects and related activities within its area of operation; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this chapter; and to …
SDCL § 11-8-23 Municipal power to make urban renewal inspections and surveys--Property powers
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Every municipality shall have the power, within its area of operation, to enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings, or test borings, and to obtain an order for this purpose from a court of competent…
SDCL § 11-8-24 Municipal power to develop plans--Demonstration projects
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Every municipality shall have the power, within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this chapter and to contract with any person, public or private, in making and carrying out such plans and to adopt o…
SDCL § 11-8-25 Acquisition and demolition of property prior to approval of plan--Losses when property not incorporated in project
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Every municipality shall have the power, with the approval of the local governing body, prior to approval of an urban renewal plan, or approval of any modifications of the plan, to acquire real property in an urban renewal area, demolish and remove any structures on the property,…
SDCL § 11-8-26 Relocation assistance and payments to persons displaced from urban renewal area
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Every municipality shall have the power to prepare plans for and assist in the relocation of persons, including individuals, families, business concerns, nonprofit organizations and others, displaced from an urban renewal area, and to make relocation payments to or with respect t…
SDCL § 11-8-27 Changes in streets and public places--Replanning
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Every municipality shall have the power to close, vacate, plan or replan streets, roads, sidewalks, ways or other places; and to plan or replan any part of the municipality. Source: SL 1966, ch 149 , § 8 (10).
SDCL § 11-8-28 Arrangement for services, repairs, and construction--Enforcement of federal labor standard requirements
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Every municipality shall have the power to provide or to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with an urban renewal p…
SDCL § 11-8-29 Municipal appropriations and expenditures--Levy of assessments--Zoning--Agreements with urban renewal agency
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A municipality may appropriate funds and make expenditures as may be necessary to carry out the purposes of this chapter, and levy assessments for such purposes; zone or rezone any part of the municipality or make exceptions from building regulations; and enter into agreements wi…
SDCL § 11-8-29.1 Appropriations by municipality to finance projects
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A municipality may appropriate funds to finance the undertaking of any urban renewal project authorized by this chapter. Source: SL 1969, ch 193 ; SL 1978, ch 62 , § 24.
SDCL § 11-8-3 "Blighted area" defined
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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…
SDCL § 11-8-30 Acceptance of loans and grants--Agreement to conditions of federal assistance
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Every municipality shall have the power to borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal government, the state, county, or other public body, or from any sources, public or private, for…
SDCL § 11-8-31 Investment of reserve and debt service funds--Redemption of bonds
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Every municipality shall have the power to invest any urban renewal funds held in reserves or debt service funds or any such funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to redee…
SDCL § 11-8-32 Coordination of urban renewal activities--Organization of municipal government
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Every municipality shall have the power, within its area of operation, to organize, coordinate, and direct the administration of the provisions of this chapter as they apply to such municipality in order that the objective of remedying slum and blighted areas and preventing the c…
SDCL § 11-8-33 Combination of powers exercised by municipality
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Every municipality shall have the power to exercise all or any part or combination of powers granted in §§ 11-8-21 to 11-8-32 , inclusive. Source: SL 1966, ch 149 , § 8 (12).
SDCL § 11-8-34 Power of public bodies to assist in urban renewal projects--Enforcement of agreements by successor to municipality
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For the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project and related activities authorized by this chapter, any public body may, upon such terms, with or without consideration, as it may determine: (1) Dedicate, sell, convey, or lease an…
SDCL § 11-8-35 Municipal power to assist as public body
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For the purpose of aiding in the planning, undertaking, or carrying out of any urban renewal project and related activities of an urban renewal agency or a housing authority hereunder, a municipality may, in addition to its other powers and upon such terms, with or without consid…
SDCL § 11-8-36 Appraisal and advertising not required before conveyance, lease or agreement by public body
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Any sale, conveyance, lease, or agreement provided for in § 11-8-34 may be made by a public body without appraisal, public notice, advertisement, or public bidding. Source: SL 1966, ch 149 , § 14 (2).
SDCL § 11-8-37 General obligation bonds issued by municipality to aid urban renewal project--Laws applicable
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For the purposes of §§ 11-8-34 to 11-8-36 , inclusive, or for the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project and related activities of a municipality, the municipality may in addition to any authority to issue bonds pursuant to § 1…
SDCL § 11-8-38 Municipal election to delegate powers to urban renewal agency--Exercise of powers through other officers
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A municipality may itself exercise its urban renewal powers, as defined in § 11-8-39 , or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency, created by § 11-8-40 , or…
SDCL § 11-8-39 Powers reserved to governing body on delegation to urban renewal agency
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As used in § 11-8-38 , the term "urban renewal powers" shall include the rights, powers, functions, and duties of a municipality under this chapter, except the following: (1) The power to determine an area to be a slum or blighted area or combination thereof and to designate such…
SDCL § 11-8-4 "Urban renewal area" 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 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. …
SDCL § 11-8-40 Urban renewal agency created--Finding and election required before exercise of powers
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There is hereby created in each municipality a public body corporate and politic to be known as the "urban renewal agency" of the municipality; provided, however, that such agency shall not transact any business or exercise its powers hereunder until or unless the local governing…
SDCL § 11-8-41 Appointment and terms of office of commissioners of urban renewal agency
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If the urban renewal agency is authorized to transact business and exercise powers hereunder, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency which shall consist of not less than five, n…
SDCL § 11-8-42 Commissioners and urban renewal officers not to hold other public office
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No commissioner or other officer of any housing authority, urban renewal agency, board, or commission exercising powers pursuant to this chapter shall hold any other public office under the municipality other than his commissionership or office with respect to such housing author…
SDCL § 11-8-43 Reimbursement of expenses of commissioners--Tenure of office--Certificate of appointment
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A commissioner shall receive no compensation for his services but shall be entitled to the necessary and actual expenses, including traveling expenses, incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has been…
SDCL § 11-8-44 Removal of commissioner from office--Notice and hearing
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For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed only after a hearing and after he shall have been given a copy of the charges at least ten days prior to such hearing and have had an opportunity to be heard in person or by counsel. Source…
SDCL § 11-8-45 Urban renewal agency powers exercised by commissioners--Quorum--Majority required for action--Residence of commissioners
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The powers of an urban renewal agency shall be exercised by the commissioners thereof. A majority of the commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the a…
SDCL § 11-8-46 Chairman and vice - chairman of urban renewal agency--Employment of director and personnel--Legal assistance
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The mayor shall designate a chairman and vice - chairman from among the commissioners. An agency may employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it may require, and determine their qualifications, duties and co…
SDCL § 11-8-47 Annual report by urban renewal agency to governing body--Contents--Publication of notice of filing
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An agency authorized to transact business and exercise powers under this chapter shall file, with the local governing body, on or before March thirty - first of each year a report of its activities for the preceding calendar year, which report shall include a complete financial s…
SDCL § 11-8-48 Accounts of urban renewal agency--Annual report to auditor - general and governing body
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Each agency shall keep an accurate account of all its activities and of all its receipts and expenditures and shall annually on or before March thirty - first, make a report thereof to the auditor - general, and to the governing body of the municipality, such reports to be in a f…
SDCL § 11-8-49 Investigations and examinations by auditor - general--Enforcement of compliance by attorney general
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The auditor - general may investigate the affairs of agencies and their dealings, transactions, and relationships. He shall have the power to examine into the properties and records of agencies and to prescribe methods of accounting and the rendering of periodic reports in relati…
SDCL § 11-8-5 "Urban renewal project" 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 project" may include undertakings and activities of a municipality in an urban renewal area for the elimination and for the prevention of the development o…
SDCL § 11-8-50 Eminent domain power for urban renewal--Property devoted to prior public use
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A municipality shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with an urban renewal project and related activities under this chapter. A municipality may exercis…
SDCL § 11-8-51 Evidence of unlawful uses and substandard conditions admissible on question of damages in eminent domain proceedings
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In any proceeding to fix or assess compensation for damages for the taking of property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be consider…
SDCL § 11-8-52 Voluntary acquisition of urban renewal property by commissioner or agency employee prohibited--Disclosure of involuntary acquisition--Violation as misconduct in office
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No public official or employee of a municipality, or board or commission thereof, and no commissioner or employee of a housing authority or urban renewal agency, which has been vested by a municipality with urban renewal powers under §§ 11-8-38 and 11-8-39 , shall voluntarily acq…
SDCL § 11-8-53 Disclosure by urban renewal official or employee of interest in property involved--Disqualification from participation in agency action--Violation as misconduct in office
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If any official, commissioner, or employee referred to in § 11-8-52 presently owns or controls or owned or controlled within the preceding two years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban renewal project…