11-7-78. Findings of governing body required for approval of redevelopment plan.
The commission shall not proceed with the redevelopment project unless the governing body of the municipality or the county as applicable approves the redevelopment plan and finds, by resolution:
(1)That the redevelopment project area is a slum area (as defined in §11-7-2) or that all the following conditions exist:
(a)That the redevelopment project area is a blighted area (as defined in §11-7-3);
(b)That a shortage of housing of sound standards and design adequate for family life exists in the municipality or the county;
(c)That the need for housing accommodations has been or will be increased as a result of the demolition of residential units in slum areas under redevelopment plans;
(d)That the conditions of blight in the area and the shortage of decent, safe, and sanitary housing in the municipality or the county cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, and welfare; and
(e)That development of the blighted area for predominantly residential uses is an integral part of and essential to the program of the municipality or the county for the elimination of slum areas;
(2)That the redevelopment plan will afford maximum opportunity consistent with the sound needs of the municipality or the county as a whole for the redevelopment of the redevelopment project area by private enterprise;
(3)That the redevelopment plan conforms to the general plan for the development of the municipality or the county as a whole; and
(4)That federal assistance is necessary to enable the redevelopment project area to be redeveloped in accordance with the redevelopment plan and funds will be available for the municipality's or the county's share of the cost as required by the Housing Act of 1949 or other federal acts providing federal financial assistance, or that federal financial assistance is not necessary and all funds will be available from other sources.
Source: SL 1950 (SS), ch 13, §18, subdiv 5; SDC Supp 1960, §45.3618 (5); SL 1968, ch 186, §9 (5).
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.