§ 34:1453 — Rights and powers of the commission

Louisiana § 34:1453

• Jurisdiction: Louisiana
• Title 34: Navigation and Shipping

Text

§1453. Rights and powers of the commission
A. The commission shall exercise the powers herein conferred upon it within the port
area which for purposes of this Chapter consists of the entire parish of St. Landry as it exists
from time to time.
B. The commission may authorize a reasonable travel allowance for its members in
the performance of their official duties, and it may employ such officers, agents, and
employees as it may find necessary in the performance of its duties, and may prescribe the
duties, powers, and compensation of such officers, agents, and employees. The commission
may upon such terms as it may agree, contract for legal, financial, engineering, and other
professional services necessary or expedient in the conduct of its affairs, and it may, upon
terms and conditions mutually agreeable, utilize the services of the executive departments
of the state. The commission is authorized to provide health insurance for its members,
however no state funds shall be used to pay for such insurance.
C. The commission shall regulate the commerce and traffic within the port area in
such manner as may, in its judgment, be for the best interest of the state. It shall have charge
of, and administer public wharves, docks, sheds, and landings and shall be empowered to
construct or acquire and equip wharves and landings and other structures useful for the
commerce of the port area and to provide mechanical facilities therefor; to erect sheds or
other structures on such wharves and landings; to maintain proper depths of water at all such
wharves and landings; to provide light, water, police protection and other services for its
facilities as it may deem advisable; to construct or acquire, maintain, and operate basins,
locks, canals, warehouses, and elevators; to charge for the use of all facilities administered
by it and for all services rendered by it, such fees, rates, tariffs, or other charges as it may
establish; to establish harbor lines within the port area by agreement with the Corps of
Engineers; and to construct, own, operate, and maintain terminal rail facilities and other
common carrier rail facilities for the purpose of rendering rail transportation to and from the
facilities to be erected, owned, and operated by the commission whether in either intrastate
or interstate commerce. The commission, in its discretion, may enter into cooperative
endeavor agreements, intergovernmental agreements, contracts, leases, servitudes, charters,
and other agreements with public or private entities or persons providing for the delegation
of any or all of the operational rights, powers, and authority granted in this Chapter. The
legislature may confer additional powers upon the commission; provided, however, that the
commission shall not exercise any powers in a manner that impairs any contract entered into
by the commission. Except as provided in this Section, title to all land and improvements
thereon acquired, constructed, maintained, or operated by the commission shall vest in the
commission. As a political subdivision of the state of Louisiana, the commission shall have
all powers of ownership and rights of administration and alienation, including without
limitation the right to lease, sell, encumber, or otherwise convey, or to grant or accept
servitudes in land or any improvements thereon to or from third parties for any commercial,
business, or port area purpose, including without limitation shipping, fleeting, processing,
manufacturing, or financing through industrial inducement bonds over and upon the port
area. The construction and operation of privately owned facilities within the port area is
permitted, subject to the reasonable rules and regulations that may be adopted by the
commission from time to time and are applicable to publicly and privately owned facilities.
D. The commission may charge a reasonable fee to each vessel arriving in the port
area in ballast or carrying cargo of any kind. It may also charge for each copy of any
certificate issued by it or by any of its officers or employees for inspecting hatches, surveying
cargo, or making other surveys or inspections of vessels in the port area, but shall furnish,
without charge, to the master of each such vessel one copy of all surveys upon his vessel or
cargo.
E. The commission shall have authority to make and enter into contracts, leases,
servitudes, and other agreements with railroads, trucking companies, pipeline companies,
terminal developers and operators, and barge and fleeting lines, and with any and all entities
and persons interested in the transportation, storage, or shipping of hydrocarbons or other
minerals, goods or products, whether by rail, truck line, pipeline, barge line, ocean-going
vessels, or otherwise for the use of the land facilities or other property owned or administered
by the commission or any part or portion thereof, for a period of time not exceeding ninety-nine years.
F. The provisions of this Chapter shall not be construed to authorize the commission
to operate as a public utility or to grant a franchise for service by a public utility that is
regulated by the Louisiana Public Service Commission.

Legislative History

Acts 1990, No. 395, §1; Acts 2016, No. 325, §1, eff. June 2, 2016.