Louisiana Revised Statutes 48:2157 – Jurisdiction; powers of commission
Terms Used In Louisiana Revised Statutes 48:2157
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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.
The commission may exercise powers necessary, appurtenant, convenient, or incidental to the carrying out of its purposes, including but not limited to the following rights and powers:
(1) To adopt rules and regulations necessary to carry out the purposes of the commission, for the governance of its affairs, and for the conduct of its business.
(2) To adopt, use, and alter at will an official seal.
(3) To plan, construct, reconstruct, maintain, improve, operate, own, or lease projects within its jurisdiction in the manner determined by the commission and to pay any project costs in connection therewith.
(4) To sue and be sued in its own name.
(5) To impose, revise, and adjust tolls, fees, and charges in connection with its projects sufficient to pay all project costs, maintenance, operation, debt service, and reserve or replacement costs, and other necessary or usual charges.
(6) To regulate speed limits on the tollways consistent with state speed limits.
(7) To contract with any person, partnership, association, or corporation desiring the use of any part of a project, including the right-of-way adjoining the paved portion, for placing thereon telephone, fiber optic, telegraph, electric light, or power lines, gas stations, garages, and restaurants, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges limited to no more than the commission’s direct and actual cost of administering the permitting process.
(8) 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 in accordance with law.
(9) To acquire public or private lands including rights or easements in the name of the commission by purchase, donation, exchange, foreclosure, lease, or otherwise, including exercising the power of eminent domain in accordance with Part XVIII of Chapter 1 of this Title, as it may deem necessary for carrying out the provisions of this Chapter.
(10) To hold, sell, assign, lease, or otherwise dispose of any real or personal property or any interest therein; to release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by it; to take assignments of leases and rentals; to proceed with foreclosure actions; or to take any other actions necessary or incidental to the performance of its corporate purposes.
(11) To establish control of access, designate the location, and establish, limit, and control points of ingress and egress for each project as may be necessary or desirable in the judgment of the commission to ensure its proper operation and maintenance, and to prohibit entrance to such project from any point or points not so designated, subject to the prior written concurrence of the department when the state highway system is affected.
(12) To relocate parish, municipal, or other public roads affected or severed by commission projects with equal or better facilities at the expense of the commission.
(13) To enter, or authorize its agents to enter, upon any lands, waters, or premises within the geographic boundaries of the commission for the purpose of making surveys, soundings, drillings, or examinations as it may deem necessary or appropriate for the purposes of this Chapter provided that the commission shall reimburse any actual damages resulting to such lands, waters, or premises as a result of such activities; such entry shall not be deemed a trespass or unlawful.
(14) To procure insurance in such amount or amounts appropriate to the size of the project, as determined by the commission, insuring the commission against all losses, risk, and liability arising out of the construction, operation, maintenance, and ownership of any project.
(15) To apply for, receive, and accept grants, loans, advances, and contributions from any source of money, property, labor, or other things of value, to be held, used, and applied for its corporate purposes.
(16) To open accounts at financial institutions necessary for the conduct of its business and to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement in such investments as may be provided in any financing document relating to the use of such funds, or, if not so provided, as the commission may determine, subject to compliance with state laws relative to investments by political subdivisions.
(17) To borrow money and issue bonds for any commission purpose.
(18) To enter contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of the commission.
(19) To enter into agreements with a public or private entity to construct, maintain, repair, or operate commission projects.
(20) To authorize the investment of public and private money to finance commission projects, subject to compliance with state law relative to use of public funds.
(21) To employ consultants, engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents necessary for the accomplishment of commission purposes and to fix their compensation.
(22) To do all acts and perform things necessary or convenient to execute the powers granted to the commission by law.
Acts 2009, No. 518, §1, eff. July 10, 2009.