Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS
17 chapters · 652 sections in this title.
SDCL § 11-7-22.2 Certain transfers of property acquired by eminent domain prohibited without prior resale offer to original owner or heirs
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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-…
SDCL § 11-7-23 Power to lease or dispose of property--Contracts and instruments
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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 …
SDCL § 11-7-24 Acquisition of property devoted to prior public use--Approval by governing body required--Increase in value arising from project not considered in awarding compensation
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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…
SDCL § 11-7-25 Voluntary acquisition of project property by commission member or employee prohibited--Disclosure of interest--Violation as misdemeanor
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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 …
SDCL § 11-7-26 Payments in lieu of taxes on property
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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…
SDCL § 11-7-27 Cooperation with federal government or state in carrying out projects
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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…
SDCL § 11-7-28 Acceptance of grants and loans--Power to make loans
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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…
SDCL § 11-7-29 Compliance with conditions for federal aid--Conveyance to federal government on default
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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 …
SDCL § 11-7-3 "Blighted area" defined
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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…
SDCL § 11-7-30 Power to issue evidences of indebtedness
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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).
SDCL § 11-7-31 Power to invest reserve and debt service funds
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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 …
SDCL § 11-7-32 Power to determine slum and blighted areas
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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).
SDCL § 11-7-33 Power to establish income standards for admission to housing projects
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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 …
SDCL § 11-7-34 Power to make and disseminate housing and economic studies and analyses
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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…
SDCL § 11-7-35 Power to prepare plan for municipal or county development
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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…
SDCL § 11-7-36 Power to rent accommodations, buildings, and facilities
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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…
SDCL § 11-7-37 Power to hold, improve, lease, or dispose of property
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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, …
SDCL § 11-7-38 Power to insure property
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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).
SDCL § 11-7-39 Power to obtain federal or state guaranty of bonds--Premiums
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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…
SDCL § 11-7-4 "Housing project" defined
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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…
SDCL § 11-7-40 Power to contract for services and facilities of other agencies--Enforcement of federal labor standard requirements
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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…
SDCL § 11-7-41 Power to make expenditures
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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).
SDCL § 11-7-42 Exercise of combination of powers
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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).
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…