South Dakota Codified Laws
Chapter 25 - County Buildings And Improvements
Section 7-25-19 - Sale and lease-back arrangements--Disposition of sale proceeds--Tax exemption.

7-25-19. Sale and lease-back arrangements--Disposition of sale proceeds--Tax exemption.
The board of county commissioners of any county may by resolution exercise all the powers conferred on the South Dakota Building Authority pursuant to and in the manner provided by §§5-12-15, 5-12-19 and 5-12-42 to 5-12-45, inclusive, with respect to the acquisition, lease, sale and lease-back of land, improvements, and capital equipment to be used for any lawful purpose, except that the proceeds of sale of any such facility are subject to §6-13-8. All land, improvements and capital equipment owned or being leased or acquired by the county pursuant to a lease having a fixed term plus renewal options exceeding three years or a lease-purchase or installment purchase contract shall constitute a separate class of property which is exempt from all taxation.

Source: SL 1984, ch 48, §1; SL 1987, ch 185, §3; SL 1989, ch 30, §14.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 7 - Counties

Chapter 25 - County Buildings And Improvements

Section 7-25-1 - Annual tax levy for construction or improvement of certain buildings--Fund accumulated--Cooperation with other subdivisions--Proceeds pledged to payments without limitation.

Section 7-25-2 - Investment of building fund--Income paid into fund.

Section 7-25-3 - County commissioners authorized to construct and improve buildings--Maximum expenditure authorized without voters' approval.

Section 7-25-4 - Building bonds approved by voters--Other funds applicable without additional approval.

Section 7-25-5 - Commissioners' duty to use accumulated building fund.

Section 7-25-6 - Acquisition of ground for authorized county buildings--Board to supervise construction of all buildings.

Section 7-25-7 - Advertising and award procedure for building construction contracts.

Section 7-25-8 - Building plans and specifications to be on file--Petty offense to permit removal.

Section 7-25-9 - Security posted by bidders on construction contract--Return of security to unsuccessful bidders.

Section 7-25-9.1 - Waiver of security requirements on bids less than two thousand dollars.

Section 7-25-10 - Lowest responsible bid accepted--Progress payments permitted in contract--Interest on payments withheld.

Section 7-25-11 - Execution of construction contracts.

Section 7-25-12 - Performance bond required of construction contractor.

Section 7-25-13 - Payment required if building occupied before acceptance.

Section 7-25-14 - Appointment of superintendent to oversee construction--Progress payments based on superintendent's reports.

Section 7-25-16 - Insurance on buildings--Application of proceeds--Filing policies.

Section 7-25-17 - Rental space provided county officers where courthouse or jail insufficient.

Section 7-25-19 - Sale and lease-back arrangements--Disposition of sale proceeds--Tax exemption.

Section 7-25-20 - Sale and lease-back powers additional--Restrictions on exercise.