11-9-15. Items included in project costs.
Project costs include:
(1)Capital costs, including the actual costs of the construction of public works or improvements, buildings, structures, and permanent fixtures; the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and permanent fixtures; the acquisition of equipment; the clearing, over-excavation, and grading of land, including use of engineered fill and soil compaction; and the amount of interest payable on tax increment bonds issued pursuant to this chapter until such time as positive tax increments to be received from the district, as estimated by the project plan, are sufficient to pay the principal of and interest on the tax increment bonds when due;
(2)Financing costs, including all interest paid to holders of evidences of indebtedness issued to pay for project costs, any premium paid over the principal amount thereof because of the redemption of obligations prior to maturity and a reserve for the payment of principal and interest on obligations in an amount determined by the governing body to be reasonably required for the marketability of obligations;
(3)Real property assembly costs, including the actual cost of the acquisition by a municipality of real or personal property within a district less any proceeds to be received by the municipality from the sale, lease, or other disposition of property pursuant to a project plan;
(4)Professional service costs, including those costs incurred for architectural, planning, engineering, and legal advice and services;
(5)Imputed administrative costs, including reasonable charges for the time spent by municipal employees in connection with the implementation of a project plan;
(6)Relocation costs;
(7)Organizational costs, including the costs of conducting environmental impact and other studies and the costs of informing the public of the creation of a district and the implementation of project plans; and
(8)Payments and grants made, at the discretion of the governing body, which are found to be necessary or convenient to the creation of a district, the implementation of project plans, or to stimulate and develop the general economic welfare and prosperity of the state. No payment or grant may be used for any residential structure pursuant to §11-9-42.
Source: SL 1978, ch 91, §3; SL 1983, ch 37, §7; SL 2011, ch 73, §6; SL 2018, ch 70, §18; SL 2022, ch 34, §1.
Structure South Dakota Codified Laws
Title 11 - Planning, Zoning and Housing Programs
Chapter 09 - Tax Increment Financing Districts
Section 11-9-1 - Definition of terms.
Section 11-9-2 - Municipal powers related to districts.
Section 11-9-3 - Planning commission hearing on creation of district--Notice.
Section 11-9-5 - Governing body resolution creating district--Boundaries--Name.
Section 11-9-6 - Districts with overlapping boundaries permitted.
Section 11-9-7 - Maximum percentage of taxable property in municipality permitted in district.
Section 11-9-8 - Required findings in resolution creating district.
Section 11-9-9 - Areas conducive to disease or crime defined as blighted.
Section 11-9-10 - Developed areas impairing growth defined as blighted.
Section 11-9-11 - Open areas impairing growth defined as blighted.
Section 11-9-12 - Determination of tax increment base on creation of district or amendment of plan.
Section 11-9-13 - Project plan for each district--Contents.
Section 11-9-14 - Project costs defined.
Section 11-9-15 - Items included in project costs.
Section 11-9-16 - Additional contents of project plan.
Section 11-9-17 - Governing body resolution approving project plan--Findings.
Section 11-9-18 - Amendment to project plan--Procedure.
Section 11-9-19 - Tax increment base defined.
Section 11-9-20 - Determination of tax increment base of district.
Section 11-9-20.1 - Aggregate assessed value for district not in compliance with § 10-6-121.
Section 11-9-21 - Indication on assessment rolls of parcels within district.
Section 11-9-22 - Presumption as to property recently acquired or leased by municipality.
Section 11-9-25 - Allocation to municipality of tax increments--Duration of allocation.
Section 11-9-26 - Tax increment defined.
Section 11-9-27 - Taxation of property in district.
Section 11-9-28 - Payment to municipality of allocable tax increment.
Section 11-9-30 - Methods of paying project costs.
Section 11-9-32 - Permissible uses of special fund.
Section 11-9-33 - Bonds authorized for payment of project costs.
Section 11-9-34 - Bonds or contracts authorized by resolution.
Section 11-9-36 - Bonds payable only from special fund.
Section 11-9-37 - Pledge of special fund to bonds--Restrictions on use of fund--Lien.
Section 11-9-38 - Bonds to be negotiable and payable only from tax increment.
Section 11-9-39 - Other security and marketability provisions.
Section 11-9-40 - Sale of bonds.
Section 11-9-41 - Procedure for condemnation under power of eminent domain.
Section 11-9-42 - Tax increments not to be used for residential structures.
Section 11-9-43 - Performance bond required of purchaser or lessee of property.
Section 11-9-45 - Disposition of funds remaining after payment of project costs and bonds.
Section 11-9-46 - Termination of district.
Section 11-9-48 - Reports of tax increment financing districts published on department website.