Terms as used in this chapter mean:

(1) “Agency” or “Urban Renewal Agency,” a public agency created by § 11-8-40;

Terms Used In South Dakota Codified Laws 11-8-1

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Federal government: includes the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See South Dakota Codified Laws 11-8-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Trustee: A person or institution holding and administering property in trust.

(2) “Area of operation,” the area within the corporate limits of the municipality and the area within three miles of such limits, except that the term does not include any area which lies within the territorial boundaries of another municipality unless a resolution has been adopted by the governing body of such other municipality declaring a need therefor;

(3) “Board” or “commission,” a board, commission, department, division, office, body, or other unit of the municipality;

(4) “Bonds,” any bonds, including refunding bonds, notes, interim certificates, certificates of indebtedness, debentures, or other obligations;

(5) “Clerk,” the clerk or other official of the municipality who is the custodian of the official records of such municipality;

(6) “Federal government,” includes the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America;

(7) “Housing and redevelopment cooperation,” as stated in chapter 11-7A;

(8) “Local governing body,” the council or other legislative body charged with governing the municipality;

(9) “Mayor,” the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality;

(10) “Municipality,” any incorporated city or town in the state;

(11) “Obligee,” includes any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality property used in connection with urban renewal, or any assignee of such lessor’s interest or any part thereof, and the federal government if it is a party to any contract with the municipality;

(12) “Person,” any individual, firm, partnership, limited liability company, corporation, company, association, jointstock association, or body politic; and includes any trustee, receiver, assignee, or other person acting in a similar representative capacity;

(13) “Public body,” the state or any municipality, township, village, board, commission, authority, district, or any other subdivision or public body of the state;

(14) “Public officer,” any officer who is in charge of any department or branch of the government of the municipality relating to health, fire, building regulations, or to other activities concerning dwellings in the municipality;

(15) “Real property,” includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, right and use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise;

(16) “Related activities,” planning work for the preparation of a general neighborhood renewal plan, or for the preparation or completion of a communitywide plan or program, and the functions related to the acquisition and disposal of real property pursuant to § 11-8-25.

Source: SL 1966, ch 149, § 2; SL 1992, ch 60, § 2; SL 1994, ch 351, § 30.