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Terms Used In Louisiana Revised Statutes 48:1255

  • Authority: shall mean the Department of Transportation and Development. See Louisiana Revised Statutes 48:1253
  • Contract: A legal written agreement that becomes binding when signed.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Feeder road: shall mean any road which in the opinion of the authority is necessary to create or facilitate access to a project. See Louisiana Revised Statutes 48:1253
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • revenue bonds: shall mean bonds of the authority authorized under the provisions of this Chapter. See Louisiana Revised Statutes 48:1253
  • Revenues: shall mean all tolls, charges, rentals, gifts, grants, moneys, and all other funds coming into the possession or under the control of the authority by virtue of the provisions hereof, except the proceeds from the sale of bonds issued under this Chapter. See Louisiana Revised Statutes 48:1253

The authority shall have the following powers:

(1)  To adopt by-laws for the regulation of its affairs and the conduct of its business;

(2)  To adopt an official seal;

(3)  To maintain an office at such place or places within the state as it may designate;

(4)  To sue and be sued in its own name;

(5)  To construct, maintain, repair and operate expressway projects;

(6)  To determine the location, subject to the approval of the governor, of expressway projects, and to determine, in its discretion and without reference to any other provision of this Chapter or any other law, the design standards and the materials of construction.  

(7)  To issue expressway revenue bonds of the authority, payable solely from revenues, and to refund its bonds, as provided in this Chapter;

(8)  To fix and revise from time to time and charge and collect tolls or other charges for transit over or use of any project;

(9)  To establish rules and regulations for the use of any project;

(10)  To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this Chapter;

(11)  To acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, any land and other property, which it may determine is reasonably necessary for any project or for the relocation or reconstruction of any public road by the authority under the provisions of this Chapter or for the construction of any feeder road as defined herein, and any and all rights, title and interest in such land and other property, including public lands, parks, playgrounds, reservations, roads or parkways, owned by or in which any parish, political subdivision, city, town, village, public agency or officer of the state of Louisiana has any right, title or interest, or parts thereof or rights therein and fee simple absolute or lesser interest in private property, and any fee simple absolute in, easements upon, or the benefit of restrictions upon, abutting property to preserve and protect expressway projects;

(12)  To sell, exchange, or otherwise dispose of any real property not necessary for its corporate purpose or whenever the authority shall determine that it is in the best interest of the authority;

(13)  To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this Chapter.  When the cost under any construction contract or agreement, involves an expenditure of more than fifteen hundred dollars the authority shall make a written contract with the lowest and best bidder after advertisement for not less than two consecutive weeks in a newspaper of general circulation published in the parish of East Baton Rouge, Louisiana, and in such other publications as the authority may determine.  Such notice shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids.  Each bid shall contain the full name of every person or company interested in it and shall be accompanied by a sufficient bond or certified check on a solvent bank that if the bid is accepted a contract will be entered into and the performance of its proposal secured.  The authority may reject any and all bids.  A bond with good and sufficient surety as shall be approved by the authority, shall be required of all contractors in an amount equal to one hundred per cent of the contract price, conditioned upon the faithful performance of the contract;

(14)  To locate and designate, and to establish, limit and control such points of ingress to and egress from each project as may be necessary or desirable in the judgment of the authority to insure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated;

(15)  To construct, maintain, repair and operate any feeder road which in the opinion of the authority will increase the use of a project or projects, to take over for maintenance, repair and operation any existing public road as a feeder road, and to realign any such existing public road and build additional sections or road over new re-alignment in connection with such existing public road;

(16)  To receive and accept from any federal agency, subject to the approval of the Governor, grants for or in aid of the construction of any project, and to receive and accept aid or contributions from any source, of either money, property or other things of value to be held, used and applied only for the purposes for which such grants and contributions may be made; providing, however, that no federal funds now received by the state of Louisiana may be diverted to or received or accepted by the authority;

(17)  To employ such engineers, attorneys, accountants, construction and financial experts, superintendents, managers and other employees and agents as the authority deems advisable and as may be necessary in its judgment and to fix their compensation;

(18)  To do all acts and things necessary or convenient to carry out the powers and duties expressly granted in this Chapter.  

Acts 1954, No. 232, §5.  Amended by Acts 1977, No. 220, §1.