South Dakota Codified Laws
Chapter 08 - Urban Renewal
Section 11-8-7 - Legislative findings and declaration of necessity.

11-8-7. Legislative findings and declaration of necessity.
It is hereby found and declared that there exist in municipalities of the state slum and blighted areas, as defined in §§11-8-2 and 11-8-3, which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous municipal burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of state policy and state concern in order that the state and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities.
It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this chapter, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied, or prevented; and that salvageable slum and blighted areas can be conserved and rehabilitated through appropriate public action as herein authorized, and the cooperation and voluntary action of the owners and tenants of property in such areas.
It is further found and declared that the powers conferred by this chapter are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised; and the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.

Source: SL 1966, ch 149, §3.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 11 - Planning, Zoning and Housing Programs

Chapter 08 - Urban Renewal

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 11-8-8 - Findings and declaration of necessity required of governing body before exercise of authority.

Section 11-8-9 - Formulation of municipal program for urban renewal--Elements included in program.

Section 11-8-10 - Maximum opportunity to private enterprise as objective--Objective considered in implementation of program.

Section 11-8-11 - Discrimination prohibited.

Section 11-8-12 - Master plan required before approval of urban renewal plans--Adoption of master plan.

Section 11-8-13 - Finding of slum area or blighted area required before approval of project.

Section 11-8-14 - Initiation of urban renewal plans--Submission to and recommendations by planning commission--Time allowed for review.

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 11-8-22 - Municipal power to carry out projects and related activities--Contracts and instruments--Dissemination of information.

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 11-8-25 - Acquisition and demolition of property prior to approval of plan--Losses when property not incorporated in project.

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 11-8-28 - Arrangement for services, repairs, and construction--Enforcement of federal labor standard requirements.

Section 11-8-29 - Municipal appropriations and expenditures--Levy of assessments--Zoning--Agreements with urban renewal agency.

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 11-8-34 - Power of public bodies to assist in urban renewal projects--Enforcement of agreements by successor to municipality.

Section 11-8-35 - Municipal power to assist as public body.

Section 11-8-36 - Appraisal and advertising not required before conveyance, lease or agreement by public body.

Section 11-8-37 - General obligation bonds issued by municipality to aid urban renewal project--Laws applicable.

Section 11-8-38 - Municipal election to delegate powers to urban renewal agency--Exercise of powers through other officers.

Section 11-8-40 - Urban renewal agency created--Finding and election required before exercise of powers.

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 11-8-43 - Reimbursement of expenses of commissioners--Tenure of office--Certificate of appointment.

Section 11-8-44 - Removal of commissioner from office--Notice and hearing.

Section 11-8-45 - Urban renewal agency powers exercised by commissioners--Quorum--Majority required for action--Residence of commissioners.

Section 11-8-46 - Chairman and vice-chairman of urban renewal agency--Employment of director and personnel--Legal assistance.

Section 11-8-47 - Annual report by urban renewal agency to governing body--Contents--Publication of notice of filing.

Section 11-8-48 - Accounts of urban renewal agency--Annual report to auditor-general and governing body.

Section 11-8-49 - Investigations and examinations by auditor-general--Enforcement of compliance by attorney general.

Section 11-8-50 - Eminent domain power for urban renewal--Property devoted to prior public use.

Section 11-8-51 - Evidence of unlawful uses and substandard conditions admissible on question of damages in eminent domain proceedings.

Section 11-8-52 - Voluntary acquisition of urban renewal property by commissioner or agency employee prohibited--Disclosure of involuntary acquisition--Violation as misconduct in office.

Section 11-8-53 - Disclosure by urban renewal official or employee of interest in property involved--Disqualification from participation in agency action--Violation as misconduct in office.

Section 11-8-54 - Temporary operation and maintenance of urban renewal property by municipality.

Section 11-8-55 - Lease or transfer of property for urban renewal development--Covenants and conditions--Approval by governing body.

Section 11-8-58 - Negotiated sale of urban renewal property--Advertising and invitation for proposals.

Section 11-8-59 - Restriction on lease or reconveyance in conveyance to purchaser or lessee of urban renewal property.

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 11-8-63 - Disposition of urban renewal property for resale by public body or nonprofit corporation--Purchaser or lessee required to develop.

Section 11-8-64 - Tax exemption of urban renewal property--Termination of exemption on transfer to private purchaser or lessee.

Section 11-8-66 - Power to issue bonds for urban renewal projects--Refunding bonds.

Section 11-8-67 - Income and revenues from which bonds payable--Additional security for payment of 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 11-8-74 - Investment in bonds authorized for financial institutions, trusts, fiduciaries and public deposits.

Section 11-8-75 - Chapter controlling and supplemental to other laws.

Section 11-8-76 - Severability of chapter and applications.