If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding two thousand five hundred dollars annual value, the municipality must adopt a resolution of intent to enter into the lease, and the resolution must fix a time and place for public hearing on the adoption of the lease resolution. Notice of the hearing on the adoption of the lease resolution must be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing, the governing body may proceed to authorize the lease upon the terms and conditions it determines.
S.D. Codified Laws § 9-12-5.2
Lease of municipally owned property to private person--Resolution of intent--Notice and hearing--Authorization
Applied in 1 court decision — leading case Lowe v. City of Hot Springs (2015)
Most recently applied in Lowe v. City of Hot Springs (January 2015)
Source: SL 1980, ch 61, § 2; SL 1981, ch 65; SL 2025, ch 38, § 62.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.