11-7-1. Definition of terms.
Terms used in this chapter mean:
(1)"Area of operation," in the case of a commission created in and for a municipality or county, the area within the territorial boundaries of that municipality or that county;
(2)"Bonds," any bonds, including refunding bonds, notes, interim certificates, debentures, or other obligations issued by a commission pursuant to this chapter;
(3)"Clerk," the auditor of a first or second class municipality or clerk of a third class municipality, or county auditor;
(4)"Commission," a municipal housing and redevelopment commission created by this chapter;
(5)"Federal government," includes the United States of America, the housing and home finance agency, the public housing administration, or any other department, agency, or instrumentality, corporate or otherwise, of the United States of America;
(6)"Federal legislation," includes the "United States Housing Act of 1937," the "Housing Act of 1949," any act in amendment thereof or in addition thereto, and any other legislation of the Congress of the United States relating to federal assistance for clearance of substandard or decadent areas, land assembly, redevelopment projects, or housing;
(7)"Governing body," the board of commissioners, common council, board of trustees, or other body charged with governing any municipality;
(7A)"Housing development project," any work or undertaking to provide housing for persons of moderate income and their families. This work or undertaking may include the planning of building and improvements, the acquisition of real property which may be needed immediately or in the future for housing purposes, the construction, reconstruction, alteration and repair of new or existing buildings and the provisions of all equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, utilities, site preparation, landscaping, administrative, community health, recreation, or welfare, or other purposes;
(8)"Mayor," the mayor or president of the board of trustees of a municipality, or the officer of the municipality charged with the duties customarily imposed on the mayor or executive head of the municipality;
(9)"Municipality," any incorporated city or town;
(10)"Obligee of the commission" or "obligee," includes any bondholder, agents or trustees for any bondholder, and the federal government if it is a party to any contract with the commission;
(11)"Person," any individual, firm, partnership, limited liability company, corporation, company association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof;
(12)"Persons of low income," persons or families who lack the amount of income which is necessary (as determined by the commission undertaking a project in accordance with the provisions of this chapter) to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding;
(12A)"Persons of moderate income and their families," persons and families whose income is not adequate to cause private enterprise to provide without governmental assistance a substantial supply of decent, safe, and sanitary housing at rents or prices within their financial means;
(13)"Project," a housing project or redevelopment project (as defined in §§11-7-4 and 11-7-5) or both or a housing development project. The term also may be applied to all real and personal property, assets, cash, or other funds, held or used in connection with the development or operation of the housing project or redevelopment project, as the case may be;
(14)"Real property," includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years;
(15)"State public body," the state, any municipality, commission, district, or other political subdivision or instrumentality of this state.
Source: SL 1950 (SS), ch 13, §2; SDC Supp 1960, §45.3602; SL 1968, ch 186, §2; SL 1992, ch 60, §2; SL 1994, ch 351, §29; SL 1995, ch 80, §1.
Structure South Dakota Codified Laws
Title 11 - Planning, Zoning and Housing Programs
Chapter 07 - County And Municipal Housing And Redevelopment
Section 11-7-1 - Definition of terms.
Section 11-7-2 - "Slum area" defined.
Section 11-7-3 - "Blighted area" defined.
Section 11-7-4 - "Housing project" defined.
Section 11-7-5 - "Redevelopment project" defined.
Section 11-7-6 - "Redevelopment plan" defined--Purposes of plan.
Section 11-7-7.1 - Joint agreements between municipal and county commissions.
Section 11-7-8 - Factors considered in determining adequacy of dwelling accommodations.
Section 11-7-11 - Composition of commission--Certain public officers and employees ineligible.
Section 11-7-12 - Appointment and terms of commissioners--Vacancies.
Section 11-7-13 - Tenure of commissioners--Certificate of appointment.
Section 11-7-15 - Quorum of commission--Officers--Rules--Meetings open to public.
Section 11-7-16 - Expenses of commissioners--Per diem.
Section 11-7-20 - Delegation of powers and duties by commission.
Section 11-7-21 - Power to undertake, carry out, operate, construct, and repair projects.
Section 11-7-21.1 - Power to manage subsidized housing projects.
Section 11-7-22 - Power to acquire property--Eminent domain power.
Section 11-7-22.1 - Acquisition of private property by eminent domain for certain uses prohibited.
Section 11-7-23 - Power to lease or dispose of property--Contracts and instruments.
Section 11-7-26 - Payments in lieu of taxes on property.
Section 11-7-27 - Cooperation with federal government or state in carrying out projects.
Section 11-7-28 - Acceptance of grants and loans--Power to make loans.
Section 11-7-30 - Power to issue evidences of indebtedness.
Section 11-7-31 - Power to invest reserve and debt service funds.
Section 11-7-32 - Power to determine slum and blighted areas.
Section 11-7-33 - Power to establish income standards for admission to housing projects.
Section 11-7-34 - Power to make and disseminate housing and economic studies and analyses.
Section 11-7-35 - Power to prepare plan for municipal or county development.
Section 11-7-36 - Power to rent accommodations, buildings, and facilities.
Section 11-7-37 - Power to hold, improve, lease, or dispose of property.
Section 11-7-38 - Power to insure property.
Section 11-7-39 - Power to obtain federal or state guaranty of bonds--Premiums.
Section 11-7-41 - Power to make expenditures.
Section 11-7-42 - Exercise of combination of powers.
Section 11-7-43 - Projects subject to zoning, sanitary, and building regulations.
Section 11-7-44 - Work contracts and purchases to be awarded on competitive bids.
Section 11-7-49 - Approval required for initiation of low-rent housing projects.
Section 11-7-53 - Approval by governing body required for low-rent housing project.
Section 11-7-53.3 - Competitive bidding on construction of housing development project.
Section 11-7-60 - Noncitizens not accepted as tenants in housing projects.
Section 11-7-61 - Religious and political discrimination prohibited in selection of tenants.
Section 11-7-62 - Preference in rental to persons displaced by commission operations.
Section 11-7-63 - Preference in rentals to servicemembers and veterans.
Section 11-7-64 - Welfare recipients considered for admission to housing projects.
Section 11-7-65 - Periodic investigation of circumstances of tenants in housing projects.
Section 11-7-66 - Conditions waived in admitting servicemembers and veterans to housing projects.
Section 11-7-67 - Families with increased income required to move from project.
Section 11-7-68 - Rules and regulations for occupancy of housing projects.
Section 11-7-69 - Commission liable in contract or tort--Personal liability of commission members.
Section 11-7-74 - General development plan required before recommendation of redevelopment plan.
Section 11-7-78 - Findings of governing body required for approval of redevelopment plan.
Section 11-7-84 - Modification of redevelopment plans--Consent of lessee or purchaser required.
Section 11-7-85 - Performance bond required of purchaser or lessee of redevelopment property.
Section 11-7-88 - Sale or lease for variety of uses as purpose of redevelopment.
Section 11-7-91 - Provision for project revenues to be placed in debt service funds.
Section 11-7-92 - Commission power to issue bonds--Refunding bonds.
Section 11-7-94 - Conditions and covenants of bonds.
Section 11-7-97 - Private or public sale of bonds--Notice of sale.
Section 11-7-98 - Validity of signatures on bonds--Negotiable investment securities.
Section 11-7-99 - Tax exemption of bonds.
Section 11-7-100 - Recital in bond conclusive as to purpose.
Section 11-7-101 - Remedies conferred on bondholders by terms of bond.
Section 11-7-103 - Acceptance of federal loans and grants authorized--Compliance with conditions.
Section 11-7-104 - Mandamus available to obligee of commission--Injunction.
Section 11-7-106 - Commission accounts and annual report to auditor-general and governing body.
Section 11-7-107 - Investigations and examinations by auditor-general.
Section 11-7-108 - Enforcement of compliance with chapter and rules and regulations.