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26.795.12 101st Legislative Session 192
2026 South Dakota Legislature
Senate Bill 192
Introduced by: Senator Howard
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to modify the blight requirements for purposes of creating a tax increment 1
financing district. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 11-9-8 be AMENDED: 4
11-9-8. The resolution required by § 11-9-5 shall must contain the following 5
findings: 6
(1) Not less than twenty-five fifty percent, by area, of the real property within the 7
district is a blighted area or and not less than fifty percent, by area, of the real 8
property within the district will stimulate and develop the general economic welfare 9
and prosperity of the state through the promotion and advancement of industrial, 10
commercial, manufacturing, agricultural, or natural resources development; and 11
(2) The improvement of the area is likely to significantly enhance the value of 12
substantially all other real property in the district. 13
It is not necessary to identify the specific parcels meeting the criteria. No county 14
may create a district located, in whole or in part, within a municipality, unless the 15
governing body of the municipality has consented to creation of a district by resolution. 16
Section 2. That § 11-9-10 be AMENDED: 17
11-9-10. For the purposes of this chapter, the term "blighted area" means an area 18
that substantially impairs or arrests the sound growth of the political subdivision, inhibits 19
housing development, constitutes an economic or social liability, or is a danger in its 20
present condition and use to the health, safety, morals, or welfare of the public because 21
of: 22
(1) The presence of a substantial number of substandard, slum, deteriorated, or 23
deteriorating structures; 24
(2) A predominance of defective or inadequate street layouts; 25
26.795.12 2 192
Underscores indicate new language.
Overstrikes indicate deleted language.
(3) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; 1
(4) Insanitary Unsanitary or unsafe conditions; 2
(5) The deterioration of site or other improvements land or structures affixed to the 3
land; 4
(6) A diversity of ownership, tax, Tax or special assessment delinquency delinquencies 5
exceeding the fair value of the land; 6
(7) Defective or unusual conditions of title; or 7
(8) The existence of conditions which that endanger life or property by fire and other 8
causes; or 9
(9) A predominance of open space with obsolete platting, diversity of ownership, or 10
deterioration of structures or site improvements. 11