§ 8-10-2-2 — Manufacturing, processing, and recreational facilities; damages to public or private facilities; reimbursement

Indiana § 8-10-2-2

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

Text

(a) In addition to the powers conferred upon the
ports of Indiana by other provisions of this article, the ports of Indiana,
whenever the ports of Indiana finds that the economic welfare of the
state would thereby be benefited, by additional employment
opportunities, or by additional diversification of industry within the
state, or by increased income or prosperity to the state and its residents,
or for any other reason, shall have the power to acquire, construct,
maintain, repair, police, and lease to others such facilities for
manufacturing, storage, or processing of goods, or for the carrying on
of commercial, business, or recreational activities as the ports of
Indiana further finds will increase the traffic into or out of the project.
Any such facilities and the site thereof shall not be exempt from
property taxation, and the lessee in any lease thereof shall agree to pay
all property taxes levied on such facilities and the site thereof.
(b) In exercising the powers granted in this section, the ports of
Indiana shall have all the powers granted to it by this article, in
connection with a project, and the term "project", as used in IC 8-10-1,
shall be deemed to include facilities, adjuncts, and appurtenances of
the character referred to in this section.
(c) It is further declared that the acquisition, construction,
maintenance, repair, policing of, and leasing to others of such facilities
under the conditions set forth in this section is a public purpose.
(d) 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. 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, wharves, piers, boat docks, warehouses, and pipeline
equipment resulting from the exercise by it of any powers granted to it
by this section.
Formerly: Acts 1967, c.210, s.2. As amended by P.L.66-1984,
SEC.15; P.L.224-2003, SEC.225 and P.L.271-2003, SEC.25;
P.L.98-2008, SEC.40.