11-8-17. Findings required for approval of urban renewal project in open area.
If the urban renewal area consists of an area of open land to be acquired by the municipality, such area shall not be so acquired unless:
(1)If it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or
(2)If it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this chapter, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography, or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area.
Source: SL 1966, ch 149, ยง7 (4).
Structure South Dakota Codified Laws
Title 11 - Planning, Zoning and Housing Programs
Section 11-8-1 - Definition of terms.
Section 11-8-2 - "Slum area" defined.
Section 11-8-3 - "Blighted area" defined.
Section 11-8-4 - "Urban renewal area" defined.
Section 11-8-5 - "Urban renewal project" defined.
Section 11-8-6 - "Urban renewal plan" defined.
Section 11-8-7 - Legislative findings and declaration of necessity.
Section 11-8-9 - Formulation of municipal program for urban renewal--Elements included in program.
Section 11-8-11 - Discrimination prohibited.
Section 11-8-13 - Finding of slum area or blighted area required before approval of project.
Section 11-8-15 - Notice and hearing by governing body on urban renewal plan.
Section 11-8-16 - Findings required for approval of urban renewal project by governing body.
Section 11-8-17 - Findings required for approval of urban renewal project in open area.
Section 11-8-18 - Requirements waived for rehabilitation of disaster area.
Section 11-8-19 - Modification of urban renewal plan--Rights of lessee or purchaser protected.
Section 11-8-20 - Plan or modification effective on approval by governing body.
Section 11-8-21 - Necessary powers granted to municipality.
Section 11-8-23 - Municipal power to make urban renewal inspections and surveys--Property powers.
Section 11-8-24 - Municipal power to develop plans--Demonstration projects.
Section 11-8-26 - Relocation assistance and payments to persons displaced from urban renewal area.
Section 11-8-27 - Changes in streets and public places--Replanning.
Section 11-8-29.1 - Appropriations by municipality to finance projects.
Section 11-8-30 - Acceptance of loans and grants--Agreement to conditions of federal assistance.
Section 11-8-31 - Investment of reserve and debt service funds--Redemption of bonds.
Section 11-8-32 - Coordination of urban renewal activities--Organization of municipal government.
Section 11-8-33 - Combination of powers exercised by municipality.
Section 11-8-35 - Municipal power to assist as public body.
Section 11-8-41 - Appointment and terms of office of commissioners of urban renewal agency.
Section 11-8-42 - Commissioners and urban renewal officers not to hold other public office.
Section 11-8-44 - Removal of commissioner from office--Notice and hearing.
Section 11-8-50 - Eminent domain power for urban renewal--Property devoted to prior public use.
Section 11-8-54 - Temporary operation and maintenance of urban renewal property by municipality.
Section 11-8-60 - Municipal conveyance conclusively presumed valid.
Section 11-8-61 - Recording of urban renewal plan and contract for transfer of property.
Section 11-8-62 - Formalities waived in disposition of property acquired prior to approval of plan.
Section 11-8-66 - Power to issue bonds for urban renewal projects--Refunding bonds.
Section 11-8-68 - Resolution or ordinance authorizing bonds.
Section 11-8-71 - Bonds not subject to debt limitation.
Section 11-8-72 - Tax exemption of bonds.
Section 11-8-73 - Recital in bond conclusive of purpose and validity.
Section 11-8-75 - Chapter controlling and supplemental to other laws.