§ 46A-1-106 Powers of eligible entity establishing brownfields program.

SD Codified L § 46A-1-106 (2019) (N/A)
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46A-1-106. Powers of eligible entity establishing brownfields program. Any eligible entity establishing a brownfields program may exercise all powers necessary or appropriate to carry out the purposes of §§ 46A-1-100 to 46A-1-106, inclusive, including the following:

(1) To acquire by lease, purchase, gift, or other lawful means and hold in its corporate name or use and control as provided by law both real and personal property and easements and rights-of-way within or without the corporate limits for all purposes authorized by §§ 46A-1-100 to 46A-1-106, inclusive, or necessary to the exercise of any power granted in §§ 46A-1-100 to 46A-1-106, inclusive;

(2) To convey, sell, give, dispose of, or lease both the personal and real property of the municipality or county as provided by §§ 46A-1-100 to 46A-1-106, inclusive;

(3) To borrow money and to issue certificates, warrants, general obligation bonds and non-ad valorem tax bonds for purposes of §§ 46A-1-100 to 46A-1-106, inclusive;

(4) To accept funds, property, and services or other assistance, financial or otherwise, from federal, state, and other public and private sources to carry out the purposes of §§ 46A-1-100 to 46A-1-106, inclusive;

(5) To contract or cooperate with any person, the state, or any political subdivision of the state, any federal agency, or any private or public entity to carry out the purposes of §§ 46A-1-100 to 46A-1-106, inclusive;

(6) To plan, develop, construct, acquire, operate, clean, maintain, repair, alter, renovate, salvage, demolish, secure, abandon, consolidate, reclaim, or gather data and information concerning any brownfields site, or any related development, structure, or facility necessary to carry out the purposes of §§ 46A-1-100 to 46A-1-106, inclusive;

(7) To apply for available grant funds and other governmental and nongovernmental financing options to promote the cleanup, reuse, revitalization, and economic development of the property consistent with the purposes of §§ 46A-1-100 to 46A-1-106, inclusive; and

(8) To do and perform all acts authorized in §§ 46A-1-100 to 46A-1-106, inclusive, and all other acts necessary and proper for carrying out and exercising the powers granted by §§ 46A-1-100 to 46A-1-106, inclusive.Source: SL 2004, ch 275, § 7.