11-7-82. Terms of lease or sale of redevelopment property--Development to be carried out by lessee or purchaser--Security provisions--Rental charges to tenants.
Any lease or sale of real property in a redevelopment project area may be made without public bidding. The terms of any such lease shall be fixed by the commission, and the instrument of lease may provide for renewals upon reappraisals and with rentals and other provisions adjusted to such reappraisals. The instrument of lease or sale shall provide that the lessee or purchaser shall carry out or cause to be carried out the approved project area redevelopment plan or approved modifications thereof and that no use shall be made of any land or real property included in the lease or sale nor any building or structure erected thereon which does not conform to such approved plan or approved modifications thereof. In the instrument, or instruments, of lease or sale the commission may include such other terms, conditions, and provisions as in its judgment will provide reasonable assurance of the priority of the obligations of the lease or sale over any other obligations of the lessee or purchaser; and assurance of the financial and legal ability of the lessee or purchaser to carry out the terms and conditions of the lease or sale and to begin the building of any improvements within a period of time which the commission fixes as reasonable. The commission may also include such terms, conditions, and specifications concerning buildings, improvements, subleases, or tenancies, maintenance and management, and any other related matters as in its judgment, are necessary to carry out the purposes of this chapter, including provisions whereby the obligations to carry out and conform to the redevelopment plan shall run with the land. In the event that maximum rentals to be charged to tenants of housing be specified, provision may be made for periodic reconsideration of such rental bases, with a view to proposing modification of the redevelopment plan with respect to such rentals.
Source: SL 1950 (SS), ch 13, §19, subdiv 2; SDC Supp 1960, §45.3619 (2).
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.