South Dakota Codified Laws
Chapter 13 - Property Tax Relief
Section 10-13-35 - Limitation on tax levy increase on real property for 1997 and years thereafter--School districts excepted.

10-13-35. Limitation on tax levy increase on real property for 1997 and years thereafter--School districts excepted.
This section does not apply to school districts. For taxes payable in 1997, and each year thereafter, the total amount of revenue payable from taxes on real property within a taxing district, excluding the levy pursuant to §10-13-36, may increase no more than the lesser of three percent or the index factor, as defined in §10-13-38, over the amount of revenue payable from taxes on real property in the preceding year, excluding the amount of taxes levied pursuant to §10-13-36. After applying the index factor, a taxing district may increase the revenue payable from taxes on real property above the limitations provided by this section by the percentage increase of value resulting from any improvements or change in use of real property, annexation, minor boundary changes, and any adjustments in taxation of property separately classified and subject to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except §10-6-113, only if assessed the same as property of equal value. A taxing district may increase the revenue it receives from taxes on real property above the limit provided by this section for taxes levied to pay the principal, interest, and redemption charges on any bonds issued after January 1, 1997, which are subject to referendum, scheduled payment increases on bonds and for a levy directed by the order of a court for the purpose of paying a judgment against such taxing district. Any taxing district created after the effective date of this section is exempt from the limitation provided by this section for a period of two years immediately following its creation.

Source: SL 1995, ch 57, §14; SL 1997, ch 55, §1; SL 2003, ch 55, §1; SL 2004, ch 84, §1; SL 2021, ch 44, § 44.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 10 - Taxation

Chapter 13 - Property Tax Relief

Section 10-13-20 - Construction of chapter.

Section 10-13-21 - Promulgation of rules.

Section 10-13-35 - Limitation on tax levy increase on real property for 1997 and years thereafter--School districts excepted.

Section 10-13-35.1 - Exception to limitation on tax levy increase when consolidating services.

Section 10-13-35.2 - Districts' taxing authority returned upon discontinuance of consolidation of services.

Section 10-13-35.3 - Revenue payable from real property taxes may be decreased.

Section 10-13-35.4 - County auditor to calculate maximum revenue amount payable--Factors--Exclusion.

Section 10-13-35.5 - Revenue payable from real property taxes may be increased.

Section 10-13-35.6 - Counties that lowered property tax levies to comply with general fund carryover requirements authorized to revise levies.

Section 10-13-35.7 - Rural fire protection district--Decrease of revenue payable from real property taxes--Effect.

Section 10-13-35.8 - Calculation of maximum amount of revenue payable--Rural fire district request--Factors--Exclusion.

Section 10-13-35.9 - Rural fire district--Increase of revenue payable from real property taxes--Limitations.

Section 10-13-35.10 - Abolished townships--Exemption from limitation on tax levy increase on real property for two years following abolishment.

Section 10-13-35.11 - Abolished townships--Exemption from limitation on tax levy increase on real property for taxes payable in 2005 and 2006.

Section 10-13-35.12 - Exemption from limitation on tax levy increase for taxing district that has not levied property tax for general fund purposes since 1996.

Section 10-13-35.13 - Imposition of levy by resolution--Publication--Reference of decision to voters.

Section 10-13-36 - Excess tax levy authorized--Vote of governing body--Announcement requirements--Referendum election.

Section 10-13-37 - Median level of assessment to be eighty-five percent of market value.

Section 10-13-37.1 - Calculation of factor for nonagricultural valuations--Sales and assessments from preceding year.

Section 10-13-37.2 - Appeal of valuation decision.

Section 10-13-37.3 - Application of factor pending appeal.

Section 10-13-37.4 - Circuit court may award costs and attorneys' fees.

Section 10-13-37.5 - Supreme Court may award attorneys' fees--Motion and itemized statement required.

Section 10-13-38 - Determining index factor--Notice to county auditor of revenue to be raised--Notice to taxing district--School districts excepted.

Section 10-13-39 - Classification of owner-occupied single-family dwelling.

Section 10-13-39.1 - Request to classify certain owner occupied property--Portion occupied by owner assessed as separate unit--Appeal.

Section 10-13-39.2 - Review of owner-occupied single-family classifications determined before July 1, 2005.

Section 10-13-39.3 - Ownership requirements for classifying dwellings as owner-occupied.

Section 10-13-40 - Eligibility for owner-occupied classification.

Section 10-13-40.3 - Penalty for fraudulent receipt of owner-occupied single-family dwelling classification.

Section 10-13-40.4 - Abatement or refund of tax where failure to meet application deadline for classification of owner-occupied single-family dwelling is due to military service.

Section 10-13-43 - Information provided by county auditor to Department of Revenue.

Section 10-13-45 - Classification of single-family dwelling constructed or being constructed for sale by contractor as owner-occupied single-family dwelling--Restrictions.