There is a newer version of the South Dakota Codified Laws
2010 South Dakota Code
Title 11 - PLANNING, ZONING AND HOUSING PROGRAMS
Chapter 09 - Tax Incremental 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 11-9-4 - Recommendation by planning commission for creation of district--Designation of boundaries.
- 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 districts.
- Section 11-9-8 - Findings required as to blighted areas--Likelihood of enhanced value from improvements.
- 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 incremental base on creation or expansion of district.
- Section 11-9-13 - Recommendation of project plan by commission--Statement of improvements proposed, costs, and plan for financing.
- Section 11-9-14 - Definition of project costs.
- Section 11-9-15 - Specific items included in project costs.
- Section 11-9-16 - Statement as to zoning and property use impact--Relocation methods.
- Section 11-9-17 - Governing body resolution adopting project plan--Findings of feasibility and conformity with municipal master plan.
- Section 11-9-18 - Amendment to project plan--Procedure.
- Section 11-9-19 - Tax incremental base defined.
- Section 11-9-20 - Determination of tax incremental base for newly created district.
- Section 11-9-20.1 - Aggregate assessed value for district not in compliance with § 10-6-33.8.
- Section 11-9-21 - Identification on assessment rolls of property within districts.
- Section 11-9-22 - Property recently acquired by municipality--Presumption as to inclusion in tax incremental base.
- Section 11-9-23 - Redetermination of tax incremental base when project costs increased by amendment of plan.
- Section 11-9-24 - Annual notice to taxing districts as to total assessed value and tax incremental base--Change in laws not to result in lower assessed values--Conditions.
- Section 11-9-25 - Allocation to municipality of tax increments--Duration of allocation.
- Section 11-9-26 - Definition and computation of tax increment for district.
- Section 11-9-27 - Taxation of property in district.
- Section 11-9-28 - Payment to municipality of allocable tax increment.
- Section 11-9-29 - Repealed.
- Section 11-9-30 - Methods of paying project costs.
- Section 11-9-31 - Tax increments deposited in special fund--Municipal appropriations to fund--Investment of moneys in fund.
- Section 11-9-32 - Permissible uses of special fund.
- Section 11-9-33 - Bonds and notes authorized for payment of project costs.
- Section 11-9-34 - Resolution authorizing bonds or notes--Voters' approval not required.
- Section 11-9-35 - Maximum amount of bonds or notes--Maturity--Redemption provisions--Bearer or registered--Denominations.
- Section 11-9-36 - Bonds and notes payable only from special fund--Not general debt of municipality.
- Sections 11-9-37, 11-9-38 - Pledge of special fund to bonds or notes--Restrictions on use of fund--Lien on fund. Bonds and notes negotiable--Bonds payable only from tax increment
- Section 11-9-39 - Other provisions to secure holders of bonds and notes.
- Section 11-9-39.1 - State pledge not to alter rights vested in bondholders until bonds or notes are fully discharged.
- Section 11-9-40 - Sale of bonds or notes--Other municipal bonding provisions applicable.
- 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 11-9-44 - Notice to purchaser or lessee and surety of default in contract--Taking possession of property on default.
- Section 11-9-45 - Disposition of special fund remaining after payment of project costs.
- Section 11-9-46 - Termination of tax incremental district.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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