Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS

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…

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…

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…

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…

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…

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 Repealed b…

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; …

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.

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.

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…

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…

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…

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…

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…

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…

11-9-22 Presumption as to property recently acquired or leased by municipality. 11-9-23 Redetermination of tax increment base when project costs increased by amendment of plan. 11-9-24 Annual notice by department of assessed value of real property and tax increment base--Change i…

Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2018, ch 70 , § 22; SL 2020, ch 39 , § 14; SL 2020, ch 43 , § 1; SL 2021, ch 44 , § 44; SL 2022, ch 29 , § 6; SL 2024, ch 45 , § 10.

Terms used in this chapter mean: (1) "Department," the Department of Revenue; (2) "District," a tax increment financing district in a contiguous geographic area within a political subdivision, which is defined and created by resolution of the governing body, provided that parcels…

For the purposes of this chapter, the term "blighted area" means an area that substantially impairs or arrests the sound growth of the political subdivision, inhibits housing development, constitutes an economic or social liability, or is a danger in its present condition and use…

Source: SL 1978, ch 91 , § 2 (3); SL 2024, ch 45 , § 22.

On the creation of a district or adoption of any amendment subject to § 11-9-23 , the tax increment base of the district shall be determined as provided in §§ 11-9-20 to 11-9-25 , inclusive. Source: SL 1978, ch 91 , § 10; SL 2018, ch 70 , § 15.

The planning commission shall adopt a project plan for each district and submit the plan to the governing body. The plan shall include: (1) The kind, number, and location of all proposed public works or improvements within the district; (2) An economic feasibility study; (3) A de…

For the purposes of this chapter, the term "project costs" are any expenditures made or estimated to be made, or monetary obligations incurred or estimated to be incurred, by a political subdivision that are listed in a project plan as grants or costs of public works or improveme…

For the purposes of this chapter, the term "project costs" means: (1) Capital costs, including the actual costs of the construction of public works or improvements, buildings, structures, and permanent fixtures; the demolition, alteration, remodeling, repair, or reconstruction of…

The project plan for each district must contain: (1) A map showing the existing uses and conditions of real property in the district; (2) A map showing the proposed improvements and uses; (3) A map showing the proposed changes of zoning ordinances; (4) A statement listing changes…

The governing body shall approve a project plan for each district. The approval by resolution must contain findings that the plan is feasible and in conformity with the master plan, if any, of the political subdivision. Source: SL 1978, ch 91 , § 7 (6); SL 2018, ch 70 , § 20; SL …

For any district established after July 1, 2026, a governing body may not approve a project plan unless an independent fiscal feasibility review has been completed and submitted to all political subdivisions. The review must be conducted by a third-party who is a municipal adviso…

A fiscal feasibility review required pursuant to § 11-9-17.1 : (1) Must contain: (a) A description of the project plan, proposed district boundaries, and estimated project costs; (b) An analysis of the tax increment base and the projected tax increment valuation for the anticipat…

The planning commission may at any time adopt an amendment to a project plan which shall be subject to approval by the governing body in the same manner as an initial project plan. Source: SL 1978, ch 91 , § 8.

A political subdivision may: (1) Create one or more districts and define each district's boundaries; (2) Prepare project plans, approve the plans, and implement the provisions and purposes of the plans, including the acquisition by purchase or condemnation of real and personal pr…

Upon receiving an application by the county auditor or municipal finance officer, as applicable, on a form prescribed by the department, the department must determine the aggregate assessed value of the taxable property in the district, which aggregate assessed value, on certific…

Aggregate assessed value for district not in compliance with §

The director of equalization shall indicate on the assessment roll required by §§ 10-3-28 and 10-6-153 each parcel of real property located within a district, including the name of the district the parcel is located in. Source: SL 1978, ch 91 , § 14; SL 2018, ch 70 , § 23; SL 202…

There is a rebuttable presumption that any property within a district acquired or leased as lessee by a municipality, or any agency or instrumentality of the municipality, within one year immediately preceding the date of the creation of the district was acquired or leased in con…

Except as provided in this section, if the municipality adopts an amendment to the original project plan for any district that includes additional project costs for which tax increments may be received by the municipality, the tax increment base for the district must be redetermi…

The department shall annually give notice to the auditor or finance officer of all governmental entities having the power to levy taxes on real property within a district of both the assessed value of the real property and the assessed value of the tax increment base. The notice …

Positive tax increments of a district shall be allocated to the municipality that created the district for each year from the date when the district is created until the municipality has been reimbursed for expenditures previously made, has paid all monetary obligations, and has …

For purposes of this chapter, the term, tax increment, is that amount obtained by multiplying the total county, municipal, school, and other local real property taxes levied on all taxable real property within a district in any year by a fraction having a numerator equal to that …

With respect to the municipality, the county, school districts and any other local governmental body having the power to levy taxes on real property located within a district, the calculation of the assessed value of taxable real property in a district, for purposes of computing …

Notwithstanding any other provision of law, each officer charged by law to collect and pay over or retain local real property taxes shall first, on the next settlement date provided by law, pay over to the county treasurer or municipal finance officer, as applicable, out of all t…

11-9-31 Tax increments deposited in special fund--Appropriations to fund--Investment of moneys in fund. 11-9-32 Permissible uses of special fund. 11-9-33 Bonds authorized for payment of project costs. 11-9-34 Bonds or contracts authorized by resolution. 11-9-35 Maximum amount of …

The planning commission shall hold a hearing at which interested parties are afforded a reasonable opportunity to express views on the proposed creation of a district and the district's proposed boundaries. The planning commission shall publish notice of the hearing at least once…

Payment of project costs may be made by any of the following methods or by any combination of methods: (1) Payment by the political subdivision from the special fund of the district; (2) Payment out of the funds of the political subdivision; (3) Payment out of the proceeds of the…

The county treasurer or municipal finance officer, as applicable, shall deposit all tax increments received in a district into a special fund for the district. The county treasurer or municipal finance officer, as applicable, may deposit additional moneys into the fund pursuant t…

Moneys may be paid out of the special fund for the district created under § 11-9-31 only to pay project costs or grants of the district, to reimburse the political subdivision for the payment of project costs or grants of the district, or to satisfy claims of holders of tax incre…

For the purpose of paying project costs, the governing body may issue tax increment bonds payable out of positive tax increments. Source: SL 1978, ch 91 , § 21; SL 2011, ch 73 , § 10; SL 2018, ch 70 , § 34.

Tax increment bonds, contracts, or agreements shall be authorized by resolution of the governing body without a requirement of voter approval. Source: SL 1978, ch 91 , § 22; SL 2011, ch 73 , § 11; SL 2018, ch 70 , § 35.

Tax increment bonds may not be issued in an amount exceeding the aggregate project costs. The bonds may not mature later than twenty years from the date the district was created. The bonds may contain a provision authorizing the redemption of the bonds, in whole or in part, at st…

Tax increment bonds are payable only out of the special fund created under §

The governing body shall irrevocably pledge all or a stated percentage of the special fund created under § 11-9-31 to the payment of the bonds. The special fund or designated part may be used only for the payment of the bonds and interest until the bonds have been fully paid, and…