§ 8-10-2-1 — Authority for construction or improvement; reimbursement for damages to public or private facilities

Indiana § 8-10-2-1

• Jurisdiction: Indiana
• Art. 10: PORTS
• Ch. 2: Ports of Indiana─Canals and Storage Facilities

Text

(a) Except as otherwise provided by this chapter,
the definitions set forth in IC 8-10-1-2 apply throughout this chapter.
(b) In addition to the powers conferred upon the ports of Indiana by
other provisions of this article, the ports of Indiana, in order to promote
the agricultural, industrial, and commercial development of the state or
to provide for the general welfare, and in order to connect any port
under its jurisdiction with any other waterway or as part of a plan to
ultimately connect such port with any other waterway, shall have the
power and is hereby authorized, in cooperation with the federal
government or otherwise, to construct a new canal or canals or to
improve any canal, river, or other waterway, or both, including but not
limited to dredging and all other work required in the design and
construction of shipping channels, canals, and turning basins in a
manner to accommodate water-borne transportation and the
construction of wharves, docks, piers, warehouses, and other facilities
for the unloading of barges and other boats. In exercising the powers
hereby granted, the ports of Indiana shall have only such powers
granted to it by this article in connection with a port project as may
relate to the construction of a new canal or canals or the improvement
of any canal, river, or other waterway, or both, and the term "port
project", as used in this article, shall be deemed to include the
construction of a new canal or canals or the improvement of any canal,
river, or other waterway, or both, including but not limited to dredging
and all other work required in the design and construction of wharves,
docks, piers, warehouses, and other facilities for the unloading of
barges and other boats. However, the ports of Indiana shall make
reimbursement for any actual damage to any public or private facilities,
including but not limited to breakwaters, water intakes, wharfs, piers,
boat docks, warehouses, and pipeline equipment resulting from such
construction and other activities. Nothing in this section shall authorize
the ports of Indiana to take, condemn, or disturb any property right or
interest in property, existing on March 10, 1967, including permits and
authorities to fill and reclaim submerged lands, or any facilities
constituting all or part of any operating property or any private or
public port.
Formerly: Acts 1967, c.210, s.1. As amended by P.L.66-1984,
SEC.14; P.L.98-2008, SEC.39.