Louisiana Revised Statutes 34:1453 – Rights and powers of the commission
Terms Used In Louisiana Revised Statutes 34:1453
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
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.
Acts 1990, No. 395, §1; Acts 2016, No. 325, §1, eff. June 2, 2016.