11-7-53. Approval by governing body required for low-rent housing project.

A commission may not initiate any low-rent housing project or enter into any contract with respect thereto unless the governing body of the municipality or the county as applicable has by resolution approved the provision of that specific low-rent housing project.

Source: SL 1950 (SS), ch 13, § 11; SDC Supp 1960, § 45.3611 (1); SL 1967, ch 225, § 1; SL 1968, ch 186, § 7; SL 1969, ch 184, § 1; SL 1987, ch 117, § 1.

11-7-53.1. Housing development project--Necessity--Eminent domain requirements--Sale or lease of interest to private developers--Sale or lease for other purposes--Power of commission.

Before carrying out a housing development project, a commission shall find that the project is necessary to alleviate a shortage of decent, safe, and sanitary housing for persons of low or moderate income and their families as such income is determined by the commission. No housing development project involving the use of the power of eminent domain may be carried out by a commission without the prior approval of the governing body of the municipality in which the project is located. A housing development project or any interest in the housing development project may be sold or leased to private developers before, during, or after the completion of construction of improvements on the project. The sale or lease shall be in accordance with the provisions of this chapter, except that any provisions requiring conformance to a redevelopment plan are not applicable. The sale or lease may be made for other than housing purposes if the commission finds that changed circumstances arising subsequent to the acquisition of the project make a sale or lease for housing purposes inappropriate. Nothing in this section limits the power of the commission to acquire or dispose of real property pursuant to this chapter, except that any exercise of the power of eminent domain may not be carried out by an authority without the prior approval of the governing body of the municipality in which the housing development project is located. The authority may transfer such real property in accordance with this chapter before, during, or after the completion of construction, rehabilitation, or improvements on the property.

Source: SL 1995, ch 80, § 2.

11-7-53.2. Approval of housing development project plan required before issuance of bonds or obligations.

Before the issuance of bonds or obligations for a housing development project proposed by a commission under § 11-7-53.1, the commission shall prepare and submit for the governing body's approval a plan addressing the following requirements:

(1)    The housing needs of the municipality and the data demonstrating those needs;

(2)    The plan of the municipality to meet identified housing needs, and the specific methods to be used to carry out the plan;

(3)    Target areas, if any, of the municipality for each method; and

(4)    A general description of the program or programs to be implemented to meet the housing needs identified in the plan.

Source: SL 1995, ch 80, § 3.

11-7-53.3. Competitive bidding on construction of housing development project.

A commission need not require competitive bidding on the construction or development of a housing development project if:

(1)    The project is financed with the proceeds of bonds issued under this chapter or from nongovernmental sources;

(2)    The project is either located on land that is owned or is being acquired by the commission only for development purposes, or is not owned by the commission at the time the contract is entered into but the contract provides for conveyance or lease to the commission of the project or improvements upon completion of construction; and

(3)    The commission finds and determines that elimination of the public bidding requirements is necessary in order for the housing development project to be economical and feasible.

Source: SL 1995, ch 80, § 4.