KRS § 65.530 — KY Code / Title IX / Chapter 65 / Section 65.530
65.530 Purpose, duties, and powers of riverport authority
Status: in_force

65.530 Purpose, duties, and powers of riverport authority.

(1) The purposes of the authority shall be to establish, maintain, operate, and expand

necessary and proper riverport and river navigation facilities, and to acquire and

develop property, or rights therein within the economic environs, the home county,

or any county adjacent thereto, of the riverport or proposed riverport to attract

directly or indirectly river-oriented industry. It shall have the duty and such powers

as may be necessary or desirable to promote and develop navigation, river

transportation, riverports, and riverport facilities, and to attract industrial or

commercial operations to the property held as industrial parks.

(2) The authority may establish and fix reasonable rates, charges, and fees for the use of

the riverport facilities which shall be published in a manner available to the general

public in the county in which the riverport is located. In fixing rates, charges, or fees

the authority may take into consideration, among other factors, the total capital

investment of the authority, the revenue needed properly to maintain such facilities,

the revenue needed properly to expand the riverport and its facilities, the portion of

the facilities utilized by the licensee or contracting party and its customers, and the

volume and type of business conducted. Any party aggrieved by the rates, charges,

or fees may appeal from the action of the authority to the Circuit Court of the

county within which the authority operates, within ninety (90) days from the date

that the authority finally publishes the rates, charges, or fees and gives notice of

same to the contracting party or licensee. The Circuit Court may hear evidence and

determine whether or not the rates, charges, or fees are, or are not, reasonable in

amount. Appeal from the judgment of the Circuit Court may be prosecuted as any

other civil appeal.

(3) The authority shall also have power, from time to time, to fix rates, charges, or fees

by contract, or by publishing general rates, charges, or fees for commercial vendors,

concessionaires, or other persons for the use or occupancy of riverport facilities

under the terms and conditions it deems to be in the best interest of maintaining,

operating, or expanding necessary riverport facilities, and the public use thereof.

(4) The authority may acquire by contract, lease, purchase, option, gift, condemnation,

or otherwise any real or personal property, or rights therein, necessary or suitable

for establishing, developing, operating, or expanding riverports, riverport facilities,

water navigation facilities, including spoilage areas for the disposal of materials

dredged from river bottoms in an effort to improve the navigability of rivers, reserve

storage areas and reserves of bulk materials utilized by the authority or any person

acting as the authority's agent or licensee, and industrial parks or sites within the

economic environs of the riverport or proposed riverport. The authority may erect,

equip, operate, and maintain on the property buildings and equipment necessary and

proper for riverport and water navigation facilities. The authority may dispose of

any real or personal property, or rights therein, which in the opinion of the authority

is not needed for use as riverport or water navigation facilities, or use as industrial

parks or sites. The authority may lease, sell, convey, or assign its interest in land

owned, optioned, or otherwise held by it to any person for the purpose of

constructing and/or operating any industrial or commercial facility or for the

purpose of acting as the authority's agent or licensee in effectively carrying out any

of its powers and duties.

(5) With the consent of the legislative body of the governmental unit in which the

property to be condemned is located, the authority may by resolution, reciting that

the property cannot be acquired by purchase or agreement and is needed for

riverport, water navigation, or industrial purposes in accordance with the powers set

forth in subsection (4) of this section, direct the condemnation of any property. The

procedure for condemnation shall conform to the procedure set out in the Eminent

Domain Act of Kentucky.

(6) The authority may apply for, receive authorization for, establish, and operate a

foreign trade zone, as permitted by 19 U.S.C. sec. 81, provided approval is obtained

from the Cabinet for Economic Development.

(7) The authority shall comply with the provisions of KRS 65A.010 to 65A.090.