§ 8-10-5-8 — Powers and duties

Indiana § 8-10-5-8

• Jurisdiction: Indiana
• Art. 10: PORTS
• Ch. 5: Creation of Port Authorities by Local Governments

Text

(a) A port authority is an instrumentality of the
state and shall have full power and authority independent of any
political subdivision to do the following:
(1) Purchase, construct, sell, lease, and operate docks, wharves,
warehouses, piers, and other port, terminal, or transportation
facilities within its jurisdiction consistent with the purposes of the
port authority and make charges for the use thereof.
(2) Straighten, deepen, and improve any canal, channel, river,
stream, or other water course or way which may be necessary or
proper in the development of the facilities of such port.
(3) Establish dock lines, piers, and other facilities necessary to the
conduct of pleasure boating within the territory under the
jurisdiction of the port authority.
(4) Regulate and enforce the regulation of all uses and activities
related to the port in the area under the jurisdiction of the port
authority and determine the use of land adjacent to waters under
the jurisdiction of the port authority within a reasonable distance
from the shore lines of such waters. However, this subdivision
does not:
(A) affect the requirement that special standards for the safe
operation of watercraft on public waters must be adopted by
rule by the department of natural resources under IC 14-15-7-3;
or
(B) authorize the assessment by the port authority of a charge
or fee for the passage of a watercraft through the navigable
waters of the state.
(5) Acquire, own, hold, sell, lease, or operate real or personal
property for the authorized purposes of the port authority.
(6) Apply to the proper authorities of the United States pursuant
to appropriate law for the right to establish, operate, and maintain
foreign trade zones within the limits of the port authority and
establish, operate, and maintain such foreign trade zones.
(7) Exercise the right of eminent domain to appropriate any land,
rights, rights-of-way, franchises, easements, or other property
necessary or proper for the construction or the efficient operation
of any facility of the port authority, award damages to landowners
for real estate and property rights appropriated and taken or
injuriously affected, and in case the board of directors of the port
authority cannot agree with the owners, lessees, or occupants of
any real estate selected by them for the purposes herein set forth,
proceed to procure the condemnation of the same as hereinafter
provided, and in addition thereto, when not in conflict or
inconsistent with the express provisions of this chapter, proceed
under the general laws of the state of Indiana governing the
condemnation of lands and the rights-of-way for other public
purposes which may be in force at the time, and the provisions of
such laws are hereby extended to ports and harbors and to the
properties of port authorities as provided for herein so far as the
same are not in conflict or inconsistent with the terms of this
chapter. In any such proceeding prosecuted by the board of
directors of a port authority to condemn or appropriate any land
or the use thereof or any right therein for purposes permitted by
this chapter, the board and all owners and holders of property or
rights therein sought to be taken shall be governed by and have
the same rights as to procedure, notices, hearings, assessments of
benefits and awards, and payments thereof as are now or may
hereafter be prescribed by law for the appropriation and
condemnation of real estate, and such property owners shall have
like powers and rights as to remonstrance and of appeals to the
circuit or superior courts in the county in which such property
sought to be appropriated is located. However, the payment of all
damages awarded for all lands and property or interests or rights
therein appropriated under the provisions of this chapter shall be
paid entirely out of funds under the control of such port authority,
except for the following:
(A) Upon written application of any property owner affected,
any municipal corporation, or, as to areas outside the
boundaries of a municipal corporation, any county,
participating in the creation of a port authority, after ten (10)
days written notice to the port authority and public hearing had
thereon, may revoke the right of eminent domain to be
exercised by the port authority as to any parcel or parcels of
land inside its borders within sixty (60) days after the port
authority has by resolution announced the lands, rights,
rights-of-way, franchises, easements, or other property to be
taken.
(B) Nothing herein contained shall authorize a port authority to
take or disturb property or facilities belonging to any public
corporation, public utility, or common carrier, which property
or facilities are necessary and convenient in the operation of
such public corporation, public utility, or common carrier,
unless provision is made for the restoration, relocating, or
duplication of such property or facilities, or upon the election
of such public corporation, public utility, or common carrier,
for the payment of compensation, if any at the sole cost of the
port authority, subject to the following:
(i) If any restoration or duplication proposed to be made
hereunder shall involve a relocation of such property or
facilities, the new facilities and location shall be of at least
comparable utilitarian value and effectiveness and such
relocation shall not impair the ability of the public utility or
common carrier to compete in its original area of operation.
(ii) Provisions for restoration or duplication shall be
described in detail in the resolution for appropriation passed
by the port authority.
(8) Accept, receive, and receipt for federal moneys, and other
moneys, either public or private, for the acquisition, construction,
enlargement, improvement, maintenance, equipment, or operation
of a port or harbor or other navigation facilities, and sites therefor
and comply with the provisions of the laws of the United States
and any rules and regulations made thereunder for the expenditure
of federal moneys upon such ports and other navigation facilities.
(9) Maintain such funds as it deems necessary.
(10) Direct its agents or employees, when properly identified in
writing, and after at least five (5) days written notice, to enter
upon lands within the confines of its jurisdiction in order to make
surveys and examinations preliminary to location and
construction of works for the purposes of the port authority,
without liability of the port authority or its agents or employees
except for actual damage done.
(11) Sell or lease real and personal property not needed for the
operation of the port authority and grant easements or
rights-of-way over property of the port authority.
(12) Promote, advertise, and publicize the port and its facilities,
provide traffic information and rate information to shippers and
shipping interests, and appear before rate making authorities to
represent and promote the interests of the port.
(13) Borrow money and secure the borrowing by a pledge of the
following:
(A) Accounts receivable.
(B) A security interest in capital equipment for which the
proceeds of the loan are used.
(C) Other security, including the excess of unobligated
revenues over operating expenses.
(b) The term of a loan authorized by subsection (a)(13) may not
exceed:
(1) thirty-five (35) years, in the case of a loan made before July 1,
2011; or
(2) twenty-five (25) years, in the case of a loan made after June
30, 2011.
Formerly: Acts 1959, c.343, s.8; Acts 1965, c.390, s.1. As
amended by Acts 1979, P.L.89, SEC.1; Acts 1981, P.L.11, SEC.52;
P.L.103-1993, SEC.3; P.L.1-1995, SEC.56; P.L.49-2010, SEC.2;
P.L.229-2011, SEC.100.