5-12-42. Sale and lease-back arrangements--Sales and land leases authorized--Use of proceeds.
Improved or unimproved land held by or transferred to the Building Authority pursuant to §5-12-10, may be leased and the improvements thereon sold to a person, partnership, association, limited liability company, or corporation. The improvements may be sold only at their fair market value as determined by the authority, but consideration for a land lease may be nominal. The authority shall obtain and consider when determining the fair market value of improvements to be sold, at least one independent appraisal. The proceeds of sale shall be paid to the Building Authority trust account and shall be applied to such purpose, if any, as may be required by the State Constitution or any contract of the state. If no specific disposition of the proceeds, including any investment income thereon, or any portion thereof is required by the Constitution or any state contract, the proceeds, including any investment income thereon, shall be used in or expended for the acquisition of land, buildings, water development, or other improvements of a capital nature as the Legislature or the special committee created in §4-8A-2 and Governor may specifically direct. Contracts of the state shall include any contract now in existence and any contract entered into in connection with any sale hereunder and the lease-back of the improvements sold pursuant to §5-12-43. Except as provided in chapters 5-6 to 5-8, inclusive, all leases and sales of land and improvements may be made without reservation of timber, mineral, or other similar rights.
Source: SL 1983, ch 32, §1; SL 1989, ch 212, §2; SL 1994, ch 351, §4.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 12 - South Dakota Building Authority
Section 5-12-1 - .Authority created--Composition--Initial terms--Political affiliation--Chairman.
Section 5-12-1.2 - .Meaning of United States Department of Agriculture Conservation Reserve Program.
Section 5-12-2 - .Terms of members--Vacancies--Quorum.
Section 5-12-3 - .Oath and bond of members.
Section 5-12-4 - .Members receive no compensation--Reimbursement of expenses.
Section 5-12-5 - .Employment of personnel.
Section 5-12-6 - .Common seal of authority.
Section 5-12-7 - .Purposes of authority.
Section 5-12-8 - .Studies and investigations of land needs.
Section 5-12-8.1 - .Additional powers with respect to projects under §5-12-8.
Section 5-12-10 - .Transfer of state property to authority.
Section 5-12-11 - .Power of authority to acquire property--Methods of acquisition.
Section 5-12-11.1 - .Standards and specifications to accommodate persons with disabilities.
Section 5-12-12 - .Plans and specifications for projects to be undertaken.
Section 5-12-14 - .Terms, conditions, and rental under leases--Annual extension provision.
Section 5-12-15 - .Lessee's option to purchase--Conveyance on exercise of option.
Section 5-12-16 - .Taxes and insurance added to rental properties--Authorization to self-insure.
Section 5-12-18 - .Costs and reserves to be covered by rent and charges.
Section 5-12-19 - .Tax exemption of property owned or leased by authority--Exception.
Section 5-12-20 - .Resolutions for revenue bonds authorized--Purpose--Legislative approval required.
Section 5-12-21 - .Purposes for which bonds issued--Refunding and refinancing--Pledge of income.
Section 5-12-22 - .Terms and interest rate of bonds.
Section 5-12-24 - .Execution and registration of bonds--Validity of signature by officers.
Section 5-12-25 - .Restrictions on obligation stated on face of bonds.
Section 5-12-26 - .Creation of state obligation not authorized.
Section 5-12-27 - .Contract with bondholders--Bondholders' remedies.
Section 5-12-27.1 - .Refunding bonds authorized--Purposes.
Section 5-12-27.2 - .Amount of refunding bonds.
Section 5-12-27.4 - .Exchange or sale of bonds--Disposition of proceeds of sale.
Section 5-12-27.6 - .No indebtedness to be charged against state.
Section 5-12-27.7 - .Acceptance and expenditure of gifts, contributions, etc., authorized.
Section 5-12-28 - .Interim notes authorized--Purposes of borrowing.
Section 5-12-29 - .Resolution for issuance of interim notes--Interest rate--Maturity date.
Section 5-12-31 - .Additional provisions to secure payment of interim notes.
Section 5-12-34 - .Disposition of income under chapter--Public building fund.
Section 5-12-38 - .Annual audit.
Section 5-12-38.1 - .Informational budget required.
Section 5-12-39 - .Contractual power of authority.
Section 5-12-40 - .Bylaws, rules, and regulations of authority.
Section 5-12-41 - .Severability of provisions.
Section 5-12-44 - .Provisions applicable to contracts to acquire use or ownership.
Section 5-12-46 - .Legislative approval required for sale and lease-back arrangements.
Section 5-12-47 - .Revenue obligations--Issuance--Purpose--Funds for payment.
Section 5-12-48 - .Definition of terms.
Section 5-12-48.1 - .Authority may invest funds in certain permitted investments.
Section 5-12-50.1 - .Bond transactions to be public records subject to disclosure.
Section 5-12-51 - .Purposes of special purpose corporation.
Section 5-12-54 - .Liability of authority and special purpose corporation.
Section 5-12-56 - .Employees of special purpose corporation.
Section 5-12-61 - .Authority may contract to manage payment or interest rate risk for bonds.