2017 South Dakota Codified Laws
Title 11 - PLANNING, ZONING AND HOUSING PROGRAMS
Chapter 09 - Tax Incremental Districts
§ 11-9-22 Property recently acquired by municipality--Presumption as to inclusion in tax incremental base.
11-9-22. Property recently acquired by municipality--Presumption as to inclusion in tax incremental base. It is a rebuttable presumption that any property within a tax incremental district acquired or leased as lessee by a municipality, or any agency or instrumentality thereof, within one year immediately preceding the date of the creation of the district was acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the municipality with proof that the property was leased or acquired primarily for a purpose other than to reduce the tax incremental base. If the presumption is not rebutted, in determining the tax incremental base of the district, but for no other purpose, the taxable status of the property shall be determined as though such lease or acquisition had not occurred.
Source: SL 1978, ch 91, ยง 13.
