2017 Session Laws

CHAPTER 64

(SB 109)

Ownership requirement criteria
for classifying dwellings as owner-occupied property.


        ENTITLED, An Act to provide certain criteria for meeting the ownership requirements for classifying dwellings as owner-occupied property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 10-13 be amended by adding a NEW SECTION to read:

    For the purposes of ยงยง 10-13-39 and 10-13-40, an owner shall be the owner of the owner-occupied dwelling as recorded by the director of equalization in the county where the dwelling is located. A joint tenant, an owner of a life estate, a partner, a person owning an interest in a limited liability company, a person owning an interest in a corporation, a vendee of a contract for deed, or a beneficiary of a trust is considered to be an owner.

    An owner may claim a credit only on the single-family dwelling used as a principal residence. An owner may have more than one parcel of land classified as owner-occupied if the additional parcel is contiguous to the parcel containing the owner-occupied house. Each parcel that is contiguous, under the same ownership and used as one property shall be considered as owner-occupied. A property is also considered contiguous if separated by a street or alley from the parcel containing the owner-occupied house.

    If the dwelling is occupied by a parent of the owner, the parent is considered the owner and occupant of the single-family dwelling.

    The owner or a legal representative of the owner may sign for signature purposes on the certification of an owner-occupied dwelling.

    Section 2. That ARSD 64:04:01:13.03 be repealed.

     Signed March 2, 2017
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