South Dakota Codified Laws
Chapter 54 - Economic Development Projects
Section 9-54-8 - Lease or sale payments sufficient to pay bonds and costs--Payments in lieu of property taxes.

9-54-8. Lease or sale payments sufficient to pay bonds and costs--Payments in lieu of property taxes.
Revenue agreements pursuant to §9-54-3.1 shall provide for contractual payments sufficient to pay the principal, premium, if any, and interest on any bonds issued by the municipality under the resolution or ordinance or trust indenture, when due or subject to mandatory redemption, and also to pay all taxes, special assessments and other governmental charges levied or imposed with respect to the project, and to pay all costs of insurance, operation, and maintenance thereof. The agreements shall also reimburse the municipality for the cost of any other obligation assumed by the municipality in connection with the project. Revenue agreements in the form of a lease or sale contract shall further provide for payment of a sum equal to the amount of property taxes which would be due if the lessee or purchaser were the owner of the project, to be prorated among the taxing districts involved and taking into consideration reductions permitted pursuant to §10-6-137 for the term of the agreement.

Source: SL 1964, ch 148, §3; SL 1973, ch 59, §8; SL 1975, ch 93, §1; SL 1981, ch 77, §8; SL 1981, ch 79; SL 1984, ch 43, §98F; SL 2020, ch 39, § 12; SL 2021, ch 44, § 44.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 54 - Economic Development Projects

Section 9-54-1 - Purpose of chapter.

Section 9-54-2 - Power to issue bonds, acquire or construct projects and enter revenue agreements--Location of projects.

Section 9-54-2.1 - Power to issue revenue bonds, purchase or discharge debt of nonprofit corporation operating health care or housing facility and enter revenue agreements--Location of project.

Section 9-54-2.2 - Restriction on use of bonds for elderly housing projects.

Section 9-54-3 - "Revenue bonds" defined.

Section 9-54-3.1 - "Revenue agreement" defined.

Section 9-54-4 - Costs to be covered by bonds--Authorization, issuance and sale of bonds.

Section 9-54-5 - Amount of bond issue limited by costs.

Section 9-54-6 - Bonds not general obligations nor payable by taxation--Recitals in bonds.

Section 9-54-7 - Mortgage of project and pledge of revenues to payment of bonds--Trust funds--Other covenants and agreements.

Section 9-54-8 - Lease or sale payments sufficient to pay bonds and costs--Payments in lieu of property taxes.

Section 9-54-8.1 - Lease with option to purchase--Title acquired before bonds retired--Pledge for payment of bonds.

Section 9-54-9 - Municipal obligations restricted by contractual payments from facilities.

Section 9-54-10 - County and sanitary district powers.

Section 9-54-11 - Municipal joint or cooperative agreements.

Section 9-54-12 - Compliance with federal requirements for tax exemption.