La. Rev. Stat. § 34:471 — LA Code / Code revised-statutes / Title 34 / Section 471
Fee; ad valorem tax; borrowing money
Status: in_force

A. The board may charge a reasonable fee to each vessel arriving in ballast or carrying cargo of any kind. It may also charge for each copy of any certificate issued by it or its deputies for inspecting hatches, surveying cargoes and the like. The master of each vessel shall, however, be furnished free one copy of all surveys upon his vessel or cargo.

B. The board may, when necessary, levy annually an ad valorem tax not to exceed three mills on the dollar on the property subject to taxation situated in the district, provided the levy of the tax shall have been authorized by a vote of a majority of the qualified electors in an election to be called and held for that purpose in accordance with existing laws. All funds derived under this Subsection may be used to defray the administrative, operative, and maintenance expenses of the board.

C. For the purpose of obtaining funds for the maintenance, operation, and improvement of the facilities of the district, the board may levy on the taxable property within the district a special ad valorem tax not in excess of seven mills on the dollar of assessed valuation and pledge all or part of the revenues therefrom to the payment of bonds to be issued by the district, provided the levy of the tax and the issuance of the bonds shall have been authorized by vote of a majority of the qualified electors in an election to be called and held for that purpose in accordance with existing laws.

D. The provisions of R.S. 34:409 and 34:422 shall not apply to the Jennings Navigation District of Louisiana; provided, however that this Subsection shall not operate to the impairment of contracts.

E. The provisions of the constitution and all laws regulating the collection of taxes and the creating of tax liens and mortgages, tax penalties and tax sales shall also apply to the collection of all taxes authorized by this Chapter. The sheriff and ex officio tax collector of the parish of Jefferson Davis shall make a monthly settlement with the treasurer of the board of commissioners and receive from him a receipt for the amount of taxes paid over, in the same manner as tax collectors are required to settle with the Division of Administration. The tax collector shall receive from the treasurer the same quietus for a full settlement of taxes due and exigible in any given year and account for the delinquents or deductions in the same manner as though accounting to the Division of Administration for state taxes. The tax collector shall retain from taxes collected by him for the district any commission thereon allowed him by law on special taxes and shall deposit the amount thereof with the parish treasurer to the credit of the sheriff's salary fund. Upon failure of the tax collector to comply with the provisions of this Part, the board of commissioners shall proceed against him and the sureties on his official bond for the collection of whatever money may be owing to the board of commissioners for such taxes.

F. The board may likewise borrow money from time to time for the purpose of defraying the administrative, operative and maintenance expenses of the board and may issue certificates of indebtedness secured by any fees authorized under this Part and by any taxes authorized under this Section, provided that any loan for this purpose shall in no year exceed the estimated revenues for such year.

With the approval of the state bond commission, said district, through the board as its governing authority, is authorized to incur debt for its lawful purposes and to issue negotiable bonds in its name representing the debt, and to pledge and dedicate for the payment of the principal and interest of such negotiable bonds the revenue derived from the ad valorem tax authorized by this Section and/or other revenues received by the district or the board from other sources, as may be provided by the board in the resolution authorizing the issuance of such bonds and providing the security therefor; provided, however, that such bonds shall not be issued requiring principal and interest payments in any year in excess of eighty percent of the tax revenues which would have been received by the district had the seven mill tax been levied on the last assessment roll filed and of record. Such bonds shall be issued by the board with such dates, forms, terms, series, interest rates, maturities, denominations, redemption provisions and security provisions as the board may determine in compliance with this Section. Such bonds, when authorized to be issued, shall constitute a general obligation of the district to the payment of which the full faith and credit of the district shall be and is hereby pledged. In addition to the pledge of said tax and/or other revenues to secure the payment of said bonds in principal and interest, the board may further secure their payment by a conventional mortgage upon any and all properties constructed or acquired, or to be constructed and acquired by it from the proceeds of such bonds. In the event any bonds are issued secured by a pledge and dedication of said tax revenues, said tax shall be levied and collected as long as said bonds are outstanding in an amount sufficient to pay such bonds in principal and interest as they respectively mature. Any resolution authorizing the issuance of bonds of the district may contain such covenants as the board may deem proper to assure the enforcement, collection and proper application of the tax or other revenues pledged and dedicated to the payment and security of the bonds, and other security provisions including the establishment of a bond reserve if deemed advisable by the board. Except as specifically provided in this Section, said bonds shall be issued in compliance with the requirements of R.S. 34:472 and the relative provisions of the constitution, including the public sale of such bonds and the thirty-day prescriptive period to contest the legality of such bonds and the security therefor, all as more fully therein provided.

Added by Acts 1978, No. 56, §1.
La. Rev. Stat. § 34:330 — LA Code / Code revised-statutes / Title 34 / Section 330
Bond issues
Status: in_force

A. The board shall have authority to incur debt for any one or more of the lawful purposes of the district set forth in this Part, to issue, in the name of the district, negotiable bonds evidencing such debt and to provide for the security and payment thereof. Such bonds may be of various types but shall be issued and secured for payment in compliance with the provisions of one of the following:

(1) Industrial inducement revenue bonds may be issued by the board for the purposes, in the manner, and subject to the requirements set forth in R.S. 39:991 through 1001 and Article VI, Section 21 of the Constitution of Louisiana, and secured for payment as therein provided. Also, the board shall have full and complete authority to negotiate and enter into all necessary leases, contracts of sale, or other agreements, and the authority to take any other actions which may be necessary to accomplish the results contemplated by this constitutional and statutory authority.

(2) Industrial inducement general obligation bonds may be issued by the board for the purposes, in the manner, and subject to the requirements set forth in R.S. 39:551 through 578 and Article VI, Sections 21 and 33 of the Constitution of Louisiana, and shall be secured by and payable from the annual levy and collection of an ad valorem tax on all taxable property in the district sufficient in amount to pay such bonds in principal and interest as the same mature. However, no such bonds shall be issued until the board has received prior approval by a majority vote of the qualified electors within the district voting at an election called by the district for that purpose and conducted in accordance with applicable election laws. The board shall also have full and complete authority to negotiate and enter into all necessary leases, contracts of sale, or other agreements, and the authority to take any other actions which may be necessary to accomplish the results contemplated by this constitutional and statutory authority.

(3) General obligation bonds may be issued by the board for the purposes of acquiring sites and other necessary property or appurtenances for industrial parks or industrial plant buildings located within the district and constructing, acquiring and developing industrial parks and industrial plant buildings, including but not limited to roads, street lighting, bridges, rail facilities, drainage, sewers, sewerage disposal facilities, solid waste disposal facilities, waterworks, and other utilities and properties. Such bonds shall be issued substantially in the manner and subject to the requirements set forth in R.S. 39:551 through 578 and Article VI, Sections 21 and 33 of the Constitution of Louisiana, and shall be secured by and payable from the annual levy and collection of an ad valorem tax on all taxable property in the district sufficient in amount to pay such bonds in principal and interest as the same mature. However, no such bonds shall be issued until the board has received prior approval by a majority vote of the qualified electors within the district voting at an election called by the district for that purpose and conducted in accordance with applicable election laws. The board shall have the authority to lease all or any part of the lands, buildings, or other properties acquired or constructed from the funds derived from the sale of such bonds.

(4) Negotiable bonds bearing such name as the board may designate may be issued by the board for any one or more of the lawful purposes of the district within the authority set forth in R.S. 34:340.1 through 340.6, R.S. 39:551 through 578, and Article VI, Sections 21 and 33 of the Constitution of Louisiana, all of which authority is hereby delegated to the district and its board. Such bonds may be payable and secured in principal, interest, and redemption premiums, if any, by a pledge and dedication of the income and revenues of the district and its board derived or to be derived from the properties and facilities owned, leased, or operated by it and any other income or revenue received from fees, taxes, grants, or other sources. In addition to such pledge, the board may further secure the payment of the bonds of the district by a conventional mortgage upon any or all of the properties constructed or acquired or to be constructed and acquired by it. The board is further authorized to receive, by gift, grant, donation, or otherwise, any sum of money, or property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, and unless otherwise provided by the terms of such gift, grant, or donation, in its discretion, to pledge all or any part of such monies for the further securing of the payment of the principal and interest of the bonds. In addition to whatever security may be pledged for the payment of such bonds, the board, at its option, shall have authority to provide that such bonds shall additionally constitute general obligations of the district, to which its full faith and credit, including, if necessary, the right to levy ad valorem taxes within the district to pay such bonds, shall be pledged. However, such general obligation bonds shall not be issued until the board has adopted an appropriate resolution giving notice of its intention to issue general obligation bonds, including a general description of such bonds and the security therefor, and notice of this intention has been published in four consecutive weekly issues of a newspaper of general circulation published in the district, setting forth a date and time when the board will meet in open and public session to hear any objections to the proposed issuance of such bonds and provided, further, if at such public hearing a petition, duly signed by more than five percent of the qualified electors in the district object to the issuance of bonds as proposed, then such bonds shall not be issued until the board has received prior approval by a majority vote of the qualified electors within the district voting at an election called by the district for that purpose and conducted in accordance with applicable election laws. No bonds shall be issued by the district under the authority conferred in this Paragraph unless the board has prepared, or caused to be prepared, an economic feasibility study or report reflecting that adequate revenues will be available from the sources pledged in an amount sufficient to pay the bonds as they mature in principal and interest. The economic feasibility study or report shall be filed in the permanent records of the board and shall be available for public inspection. Subject to the above limitations, bonds may be issued by the board under the authority conferred in this Paragraph for such purposes and in such amount or amounts as the State Bond Commission may determine. Such bonds shall be authorized by a resolution of the board and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty years from their respective dates, bear interest, payable semiannually or annually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption not exceeding one hundred five percent of the principal amount thereof, and be entitled to such priority on the revenues of the district as such resolution or resolutions may provide in compliance with the provisions and within the restrictions of R.S. 34:340.1 through 340.6.

B. The board, as the governing authority of the district, is authorized to adopt all necessary resolutions or ordinances which may be necessary for ordering, holding, canvassing, and promulgating the returns of any election required by this Section or providing for the issuance of any bonds authorized by this Section including covenants for the security and payment of any bonds so issued. For a period of thirty days from the date of the publication of any resolution or ordinance of the board authorizing the issuance of any bonds of the district, any interested person may contest the legality of such resolution or ordinance and the validity of such bonds issued or proposed to be issued thereunder and the security of their payment, after which time no one shall have any cause of action to contest the legality of said resolution or ordinance or to draw in question the legality of said bonds, the security therefor, or the debts represented thereby for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of thirty days.

C.(1) Revenue bonds may be issued by the board to accomplish any authorized public function. All such bonds shall be negotiable instruments and shall be solely the obligations of the district. Such bonds shall be authorized and issued by resolution adopted by a majority vote of the board and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privileges, be payable at such place or places, be subject to such terms of redemption, and be entitled to such priorities on the income, revenue, and receipts of the district as such resolution may provide. The bonds shall be signed by such officers as the board shall determine and such signatures may be by facsimile.

(2) Such bonds shall be sold in such manner as may be determined by the board to be most beneficial to the district and the board may pay all expenses and commissions which it may deem necessary or advantageous in connection with the issuance and sale of such bonds. Such bonds may in the discretion of the board be additionally secured by a mortgage on all or any part of the projects acquired, constructed, extended, or improved with the proceeds thereof, and the board shall have full discretion to make such provisions as it may see fit for the making and enforcement of such mortgage and provisions to be contained therein.

(3) The issuance and sale of such bonds shall be approved by the State Bond Commission. At least seven days prior to the sale of such bonds, the board shall cause to have published a notice of sale in a newspaper of general circulation in the city of Morgan City, Louisiana. This notice of sale shall state whether any proposals have been made for the purchase of the bonds and that other proposals will be considered and that the proposal most advantageous to the board will be accepted at the time of the sale. For a period of thirty days from the date of publication of the notice of sale, any person or persons with interest shall have the right to contest the legality of the notice of sale, resolution, or other proceeding authorizing the issuance of the bonds and the legality of the bond issue for any cause, after which time no one shall have any cause or right of action to contest the legality of said resolution or other proceedings or of the bonds authorized thereby for any cause whatsoever. If no suit, action, or proceedings are begun contesting the validity of the bonds within the thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, the legality thereof, and of all of the provisions of the resolution or other proceedings authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters.

(4) Such bonds shall have all the qualities of negotiable instruments under the commercial laws of the state of Louisiana. All such bonds shall be special and limited obligations of the board. In no event shall any such bonds constitute an obligation, either general or special, of the general credit of the board or of the state of Louisiana within the meaning of any constitutional or statutory provision whatsoever, and the bonds shall contain a recital to that effect.

Acts 1952, No. 530, §10. Amended by Acts 1956, No. 428, §2; Acts 1999, No. 1152, §1.
La. Rev. Stat. § 34:851.30 — LA Code / Code revised-statutes / Title 34 / Section 851.30
Visual distress
Status: in_force

Any watercraft when used on coastal waters including territorial seas up to a point where the waters are less than two miles wide shall be equipped with United States Coast Guard approved visual distress signaling devices. However, the following watercraft shall be exempt from this Section when operating between sunrise and sunset:

(1) Recreational boats less than sixteen feet in length.

(2) Boats participating in organized events which have been permitted by the department or the United States Coast Guard.

(3) Open sailboats not equipped with propulsion machinery and less than twenty-six feet in length.

(4) Manually propelled boats.

Acts 1984, No. 288, §1.
La. Rev. Stat. § 34:1952 — LA Code / Code revised-statutes / Title 34 / Section 1952
Officers of the commission; meetings
Status: in_force

The commission shall elect from among its own members a president, a vice president, a secretary and a treasurer, whose respective duties shall be prescribed by the commission. At the option of the commission, the office of the secretary and treasurer may be held by one person. The commission shall meet in regular session once each month, and shall also meet in special session at the call of the president of the commission or on the written request of three members of the commission. A majority of the commission shall constitute a quorum, and all actions or resolutions of the commission must be approved by the affirmative vote of not less than a majority of all members of the commission. The commission shall prescribe rules governing its meetings and shall fix a place at which the meetings shall be held.

Added by Acts 1962, No. 299, §1.
La. Rev. Stat. § 34:1122 — LA Code / Code revised-statutes / Title 34 / Section 1122
Fees and charges; adjudication of disputes
Status: in_force

A.(1) The fee commission shall have exclusive authority to fix and establish reasonable and just fees and rates for:

(a) Pilotage service to ships and vessels.

(b) Pilotage service to ships in distress.

(c) Extraordinary pilotage service.

(d) A pilot being carried to sea unwillingly, which fee and rate shall include reimbursement for his return to pilot station.

(e) The detention of a pilot.

(2) The fee commission shall have authority to hire an administrator, hold hearings, subpoena witnesses, administer oaths, take depositions, fix fees and mileage of witnesses, compel the attendance of witnesses, and assess the cost of all hearings and expenses incurred by the commission equally on the pilot association to which it relates and the shipping industry.

(3) The pilotage fees and rates shall bear as a lien and privilege on the ships or vessels for non-payment of same, together with reasonable attorney fees, all of which may be enforced in any court of competent jurisdiction within one year from the date the service was offered or performed.

B.(1) Pilotage fees and rates shall provide for all ordinary and necessary operating and administrative costs and expenses, including but not limited to the cost of, replacement of, and reasonable return on investment of pilot stations, administrative offices, furniture and fixtures, communication equipment and facilities, vessels, launches and other required vehicles of transportation and the expenses of maintaining and repairing same, other transportation expenses, the expense of maintaining necessary employees, operating materials, consumables and services, pensions, pension plans, hospitalization, disability compensation, taxes and licenses, life insurance, license insurance, trade promotions when requested to participate by industry or any port, required continuing education, legal expense, accounting expense, professional dues, administrative and professional publications, state pilot commissions, state and federal requirements, and fair average annual compensation for a state ship pilot, in comparison to regulated state ship pilotage in other United States ports.

(2) Nothing in this Section shall authorize the inclusion of expenses for a lobbyist as defined in R.S. 24:51(5) and R.S. 49:72 or for political contributions as part of the ordinary and necessary operating and administrative costs and expenses.

(3) Pilotage fees and rates shall provide for all ordinary and necessary operating and administrative expenses of the Pilotage Fee Commission in the discharge of its duties, functions, and responsibilities as provided in this Part.

C.(1) In determining such fees and rates, the pilotage fee commission may give due regard to, but shall not be limited to:

(a) Consideration of the length, draft, dimensions, and tonnage of the vessels to be piloted.

(b) The difficulty and inconvenience of the particular service and the skill and additional expertise required to render it.

(c) The public interest in maintaining safe, efficient, and reliable pilotage service.

(d) The piloting time required; the distance traveled of the vessels to be serviced; the travel time required and distance traveled to and from vessels; the method of travel and travel cost required to and from vessels; the time devoted by pilots to making themselves available when needed; the time required to be on station or on call while both on and off station; the length of time duty requires the pilot's absence away from home; the difficulty of the particular service including working conditions; risk factors of the route; inconvenience and living conditions; the skill and additional expertise required to render the particular service; the length of the training, experience, or apprenticeship program; and the number of trips the pilot is required to ride light.

(e) Any other factor relevant to the determination of reasonable and just fees and rates, including those factors previously considered and determined by the Louisiana Supreme Court, and the national average pilotage cost per mile for state regulated pilots operating in United States ports.

(2) If any standard for establishing pilotage fees and rates set forth herein is not applicable to a particular pilot service, then it shall not be considered in the determination of fees and rates for such service.

D.(1) Any requests to the commission for action shall be filed with the commission and publicly noticed in the official journals of both the state and the parish in which the fee commission is domiciled. Any party with a substantial interest who desires to participate or appear in opposition or support shall file a notice of intervention or protest with the commission within twenty-five days following the date of publication of said notice. If no notice of protest is filed within the twenty-five day period, the proceeding shall continue as an uncontested matter.

(2) All appearances shall be subject to a motion to strike decided by the commission upon a showing that the party has no substantial interest in the matter. In the event the commission determines that a party does not have a substantial interest, such decision shall be final as to that party and that party shall have a right to appeal the decision in the same manner as provided for in this Subsection.

(3) Upon notice to the parties issued by the commission, a conference shall be held to establish a schedule for discovery, motions, and a hearing on the merits.

(4) The commission shall hold a hearing on the request for action at which parties shall be permitted to file and present evidence, cross-examine witnesses, and present arguments.

(5) Following the hearing, the commission shall decide the request by majority vote and issue an order that includes findings of facts and conclusions of law.

(6) When all parties to a proceeding reach agreement as to all issues or the request is uncontested, the parties shall file a proposed stipulated settlement with the commission. In such case, a stipulation hearing shall be held to introduce into evidence the proposed stipulated settlement and supporting documentation. The commission shall then accept or reject the settlement.

(7) A full transcribed record of all proceedings and hearings shall be kept and compiled.

(8) If the request involves a proposed increase in fees and rates, the commission by majority vote may permit the proposed increase to be put into effect, in whole or in part, pending its decision, subject to protective bonding and other security requirements set by the commission.

(9) If the request involves a proposed increase in fees and rates and the commission does not permit the proposed increase to be put into effect prior to its decision, the proposed increase shall nevertheless go into effect, and shall remain in effect unless and until it reaches a full and final decision disallowing the increase, immediately following the lapse of twelve months following its receipt of certification of the request if it has not rendered a decision by such time, subject however, to reasonable protective bonding and other security requirements set by it.

(10) If the request involves a proposed increase in fees and rates and such has been put into effect prior to full and final decision of the issue by the commission and the full and final decision disallows the increase, in whole or in part, the increase which is disallowed shall be refunded in a manner as prescribed by the commission.

(11) Any person or entity recognized by the commission to have a substantial interest at stake in the issue by allowing them to present evidence and arguments shall have the right to appeal any final decision of the commission to the district court in the parish in which the commission is domiciled. Appeal from the district court shall be to the appellate court that has jurisdiction over decisions of that district court. Thereafter, an appeal may be taken to the supreme court. Upon request of any party with the right to appeal, the commission shall forthwith certify the entire record of the case, including the transcript of the evidence taken and testimony given, to the district court. Upon the filing of the record of the proceeding in the court of competent jurisdiction, the appeal shall be heard with the greatest possible expedition, giving the proceeding precedence over all other matters except those pursuant to R.S. 23:847 and Code of Civil Procedure Article 1573 and older matters of the same character. When requested by a party and after payment of the costs, any court shall forthwith certify the entire record of the case, including the transcript of the evidence taken and testimony given to the court which has jurisdiction for the appellate review.

(12) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the commission, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.

(13) The court may affirm the decision of the commission or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the commission findings, inferences, conclusions, or decisions are arbitrary or capricious.

Acts 1968, No. 579, §2; Acts 1987, No. 202, §1, eff. June 29, 1987; Acts 2004, No. 902, §1, eff. Jan. 1, 2005; Acts 2006, No. 6, §1, eff. April 26, 2006.

{{NOTE: SEE ACTS 1987, NO. 202, §§2 AND 3.}}
La. Rev. Stat. § 34:1126 — LA Code / Code revised-statutes / Title 34 / Section 1126
Existing laws as to services not modified or repealed
Status: repealed

Nothing herein contained shall be construed to modify or repeal existing laws as to pilotage services other than as refers to rate making.

Acts 1968, No. 579, §6.
La. Rev. Stat. § 34:381 — LA Code / Code revised-statutes / Title 34 / Section 381
Duty of agency to construct facility
Status: in_force

Whenever any agency of the state undertakes the construction or creation of a lake it shall construct adequate permanent public access and boat launching facilities and parking areas on or for the lake. Such facilities and parking areas shall be constructed at the time of the creation or construction of the lake.

Acts 1968, No. 652, §1.
La. Rev. Stat. § 34:209 — LA Code / Code revised-statutes / Title 34 / Section 209
Fees; ad valorem tax; borrowing money
Status: in_force

The board of commissioners may charge a reasonable fee to each vessel arriving in ballast or carrying cargo of any kind. It may also charge for each copy of any certificate issued by it or its deputies for inspecting hatches, surveying cargoes and the like. The master of each vessel shall, however, be furnished free one copy of all surveys upon his vessel or cargo. The board may, when necessary, levy annually an ad valorem tax not to exceed two and one-half mills on the dollar on the property subject to taxation situated in the district. All funds derived under this section may be used for any expenses or purposes of the board.

The board shall likewise have the right to borrow money, from time to time, and to issue certificates of indebtedness therefor to be secured by dedication and pledge of the revenues from (1) any fees authorized under this Part, (2) any taxes authorized under this section; provided that the term of any such loan shall not exceed fifteen years and the amount thereof shall not exceed that portion of the anticipated revenues authorized to be dedicated and pledged to the payment thereof.

Amended by Acts 1950, No. 389, §1; Acts 1970, No. 369, §1.
La. Rev. Stat. § 34:467 — LA Code / Code revised-statutes / Title 34 / Section 467
Officers and employees of board; meetings; quorum
Status: in_force

The board shall elect from among its own members a president, vice president, secretary and treasurer, whose duties shall be those usual to such offices. At the option of the board, the office of secretary and treasurer may be held by one person. The board shall meet in regular session once each month and shall also meet in special session as often as the president of the board convenes them, or on written request of three members, three members of the board shall constitute a quorum. The board shall prescribe rules to govern its meetings, maintain suitable offices in the district and may contract with and employ attorneys, clerks, engineers, deputy commissioners, superintendents, stevedores, and other agents and employees and shall fix their compensation and terms of office or employment.

Added by Acts 1978, No. 56, §1.
La. Rev. Stat. § 34:3112 — LA Code / Code revised-statutes / Title 34 / Section 3112
Bonds; procedure for issuance
Status: in_force

A. The authority is hereby authorized to incur debt and issue bonds for its needs in the manner herein provided.

B. The authority is hereby authorized to incur debt and issue bonds in accordance with Article VII of the constitution of the state and all applicable laws of the state of Louisiana.

C. Repealed by Acts 1976, No. 378, §3.

D. As an additional grant of authority beyond other provisions of the constitution, the authority is authorized, with the approval of the state bond commission, to issue negotiable bonds for any purpose within their delegated authority, and to pledge for the payment of the principal and interest of such negotiable bonds the income and revenues derived or to be derived from the properties and facilities maintained and operated by them or received by the authority from other sources.

E. Such negotiable bonds may be further secured by a conventional mortgage upon any or all of the property constructed or acquired, or to be constructed or acquired by them.

F. To further secure such negotiable bonds the authority may apply in whole or part any money received by gift, grant, donation or otherwise from the United States, the State of Louisiana, or any political subdivision thereof, unless otherwise provided by terms of the gift, devise, donation or similar grant.

G. Such bonds shall be authorized by a resolution of the secretary of the Department of Transportation and Development and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty years from their respective dates, bear interest at such rate or rates per annum, payable at such time or times, be in such denominations, be in such form, either coupon or full registered without coupons, carrying such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption not exceeding one hundred five percent of the principal amount thereof, and be entitled to such priority on the revenues of the authority as such resolution or resolutions may provide. The bonds shall be signed by such officers as the authority shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signatures of such officer or officers of the authority as it shall designate. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds or the officers whose facsimile signature or signatures may be upon the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered. Said bonds shall be sold for not less than par and accrued interest to the highest bidder at a public sale after advertisement by the authority at least seven days in advance of the date of sale, in newspapers or financial journals published at such places as the authority may determine, reserving to the authority the right to reject any and all bids and to readvertise for bids. If, after advertisement as hereinabove provided, no bids are received, or if such bids as are received are considered in the discretion of the authority to be unsatisfactory, then and in that event the authority may publicly negotiate for the sale of such bonds without further advertisement. No proceedings in respect to the issuance of any such bonds shall be necessary except such as are contemplated by this Section.

H. For a period of thirty days from the date of publication of the resolution authorizing the issuance of bonds hereunder, any persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause after which time no one shall have any cause or right of action to contest the legality of said resolution or of the bonds authorized thereby for any cause whatsoever. If no suit, action or proceeding is begun contesting the validity of the bond issue within the thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, and the legality thereof and all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters.

I. Such bonds shall have all the qualities of negotiable instruments under the law merchant and the Negotiable Instruments Law of the State of Louisiana, and shall be exempt from income and all other taxation of the State of Louisiana.

J. No bonds as herein described shall be authorized, issued or sold except in accordance with specific authorizations hereafter granted by the legislature for each issue.

Added by Acts 1972, No. 444, §1. Amended by Acts 1976, No. 378, §1; Acts 2011, No. 207, §10(A).
La. Rev. Stat. § 34:1406 — LA Code / Code revised-statutes / Title 34 / Section 1406
Expropriation
Status: in_force

The commission may acquire by expropriation in accordance with R.S. 19:141 through 160 any wharves, landings, or other properties necessary for the benefit and advantage of the commerce of the commission.

Acts 1998, 1st Ex. Sess., No. 45, §1.
La. Rev. Stat. § 34:1 — LA Code / Code revised-statutes / Title 34 / Section 1
Continuation; qualifications; appointments; terms; vacancies
Status: in_force

A. Membership; qualifications; vacancies.

(1) The Board of Commissioners of the Port of New Orleans, hereinafter referred to as "the board" is continued. The number of members comprising the board shall be seven, who shall be qualified voters, four of whom shall each have his principal place of business in the parish of Orleans, two of whom shall each have his principal place of business in the parish of Jefferson, and one of whom shall have his principal place of business in the parish of St. Bernard. The four members from the parish of Orleans shall fill the positions on the board to be designated as Positions D, E, F, and G; the two members from the parish of Jefferson shall fill the positions on the board to be designated as Positions A and C; and the member from the parish of St. Bernard shall fill the position on the board to be designated as Position B.

(2) On or after October 1, 1976, vacancies occurring because of expiration of term and the two additional memberships created by this Act* shall be filled in such manner that the first such vacancy occurring shall be filled by a member who shall hold Position A, and each such subsequent vacancy shall be filled in sequence by members holding Positions B, C, D, E, F, and G, respectively. Any vacancy occurring prior to October 1, 1976, shall be filled in the same manner in which the position was initially filled.

(3) All members shall be experienced in the commerce or industry, or both, of the port area, and shall otherwise possess the qualifications prescribed by law. Notwithstanding any prohibition contained in Part II of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950, a member appointed prior to August 1, 2018, employed in the maritime industry may serve as a member as provided in this Paragraph. The provisions of Title 42 of the Louisiana Revised Statutes of 1950 in effect on the date of the appointment of a member appointed prior to August 1, 2018, shall apply to that member for the term of that member. The present members appointed prior to August 1, 2018, seven in number, shall continue to serve on the board for the duration of their respective terms, and shall remain subject to the provisions of Title 42 of the Louisiana Revised Statutes of 1950 in effect on the date of that member's appointment. A member appointed on or after August 1, 2018, employed in the maritime industry may serve as a member as provided in this Paragraph, subject to the provisions of Title 42 of the Louisiana Revised Statutes of 1950.

(4) Any vacancy in the membership of the board shall be filled by the governor from among the nominees selected as provided in this Section, within fifteen days after the governor receives their names.

B. Nominating agencies.

(1) For the purpose of selecting nominees for the four members, each of whom shall be appointed by the governor from the nominees selected by the Orleans Parish nominating organization, the following nominating agencies shall constitute and shall be designated as the Orleans Parish nominating organization:

(a) New Orleans Chamber of Commerce

(b) New Orleans Board of Trade, Ltd.

(c) New Orleans Steamship Association

(d) International Freight Forwarders and Customs Brokers Association of New Orleans, Inc.

(e) Maritime Trade's Council of Greater New Orleans and Vicinity

(f) Metropolitan Area Committee

(g) Louisiana Farm Bureau

(h) Urban League of Greater New Orleans

(i) Dillard University

(j) Xavier University

(k) World Trade Center

(l) Greater New Orleans Barge Fleeting Association

(m) Propeller Club of the United States

(n) The Greater New Orleans AFL-CIO

(2) For the purpose of selecting nominees for the two members, each of whom shall be appointed by the governor from the nominees selected by the Jefferson Parish nominating organization, the following nominating agencies shall constitute and shall be designated as the Jefferson Parish nominating organization:

(a) Harvey Canal Industrial Association.

(b) East Bank Council of the Jefferson Chamber of Commerce.

(c) West Bank Council of the Jefferson Chamber of Commerce.

(d) Maritime Trade's Council of Greater New Orleans and Vicinity.

(e) Louisiana Farm Bureau.

(f) Greater New Orleans AFL-CIO.

(g) Jefferson Business Council.

(3) For the purpose of selecting nominees for the member to be appointed by the governor from the nominees selected by the St. Bernard Parish nominating organization, the following agencies shall constitute and shall be designated as the St. Bernard Parish nominating organization:

(a) St. Bernard Chamber of Commerce.

(b) St. Bernard Port, Harbor and Terminal District.

(c) Maritime Trade's Council of Greater New Orleans and Vicinity.

(d) Louisiana Farm Bureau.

C. Nominating Councils; selection of nominees. Each nominating organization shall have a nominating council on which shall be seated the presidents or recognized heads of the nominating agencies of that nominating organization, as enumerated in Subsections (B)(1), (2) and (3), respectively, of this Section. Nominees to the governor for appointment to the board shall be selected by the nominating council of the appropriate nominating organization from among those named by the nominating agencies of said nominating organization as required by this Section.

D. Notice of vacancy. Within ten days after the occurrence of a vacancy on the board for any cause, the president or other presiding officer of the board shall send notice of the vacancy by registered or certified United States mail to each appropriate nominating agency.

E. Nominees submitted by nominating organizations.

(1) Within ten days after notification of a vacancy or vacancies in Position D, E, F, or G, the first listed nominating agency of the Orleans Parish Nominating Organization shall submit in writing to the members of its nominating council the names of two persons having the qualifications set forth in this Section as nominees for each such vacancy or vacancies. Thereafter, the remaining nominating agencies of the Orleans Parish nominating organization, in the order in which they are listed in Subsection (B)(1) of this Section and within intervals of five days each, shall consecutively submit in like manner, the names of two nominees for each such vacancy.

(2) Within ten days after notification of a vacancy or vacancies in Position A or C, the first listed nominating agency of Jefferson Parish Nominating Organization shall submit in writing to the members of its nominating council the names of two persons having the qualifications set forth in this Section as nominees for each such vacancy or vacancies. Thereafter, the remaining nominating agencies of that nominating organization, in the order in which they are listed in Subsection (B)(2) of this Section and within intervals of five days each, shall consecutively submit in like manner, the names of two nominees for each such vacancy.

(3) Within ten days after notification of a vacancy in Position B, the first listed nominating agency of St. Bernard Parish Nominating Organization shall submit in writing to the members of its nominating council the name of one person having the qualifications set forth in this Section as nominee for such vacancy. Thereafter, the remaining nominating agencies of that nominating organization, in the order in which they are listed in Subsection (B)(3) of this Section and within intervals of five days each, shall consecutively submit in like manner, the name of one nominee for such vacancy.

(4) No person shall be eligible for nomination if he has been previously nominated by another nominating agency. In all cases, signed copies of the communications to the appropriate nominating council transmitting the names of the nominees shall be sent to the governing bodies of the other nominating agencies.

F. Certification to governor.

(1) As soon as the names of the nominees for Position D, E, F, or G as selected by the appropriate nominating agencies have been received, or in any event within ten days after the last delay for the submission of the names of nominees for Position D, E, F, or G has expired, the Orleans Parish Nominating Council, at a meeting convened on the written call of any member thereof, shall certify to the governor for each such vacancy then existing the names of three nominees from among the nominees whose names have been submitted to it by the nominating agencies of the Orleans Parish Nominating Organization, and from among the nominees thus certified the governor shall make an appointment or appointments to fill each such vacancy.

(2) As soon as the names of the nominees for Position A or C as selected by the appropriate nominating agencies have been received, or in any event within ten days after the last delay for the submission of the names of nominees for Position A or C has expired, the Jefferson Parish Nominating Council, at a meeting convened on the written call of any member thereof, shall certify to the governor for each such vacancy then existing the names of three nominees from among the nominees whose names have been submitted to it by the nominating agencies of the Jefferson Parish Nominating Organization, and from among the nominees thus certified the governor shall make an appointment or appointments to fill each such vacancy.

(3) As soon as the names of the nominees for Position B as selected by the appropriate nominating agencies have been received, or in any event within ten days after the last delay for the submission of the names of nominees for Position B has expired, the St. Bernard Parish Nominating Council, at a meeting convened on the written call of any member thereof, shall certify to the governor for such vacancy then existing the names of three nominees from among the nominees whose names have been submitted to it by the nominating agencies of the St. Bernard Parish Nominating Organization, and from among the nominees thus certified the governor shall make an appointment or appointments to fill such vacancy.

G. Nominating agencies; identity. The nominating agencies listed in Subsections (B)(1), (2) and (3) of this Section shall be understood and construed to be the agencies presently existing and designated by the names listed in Subsections (B)(1), (2) and (3) or their respective legal successors.

H. Dissolution of nominating agencies; effect. If any of the nominating agencies listed in Subsections (B)(1), (2) and (3) of this Section ceases to exist or to function, without any legal successor, the nominees to be submitted to the appropriate nominating council as provided in Subsection E of this Section, shall be submitted by the nominating agencies of the appropriate nominating organization that continue to exist and function.

I. Minimum number of nominees. If the nominating agencies of the appropriate nominating organization submit fewer than three names of nominees to their nominating council for any vacancy for the purposes of Subsection F of this Section, that nominating council of the appropriate nominating organization shall supply the deficiency or deficiencies to enable it to certify to the governor the names of three nominees as required by Subsection F.

J. Delayed certification; appointment. If the appropriate nominating council fails to certify to the governor the names of three nominees, as required by Subsection F of this Section, within one hundred twenty days after the occurrence of a vacancy on the board, the governor shall forthwith make an appointment to fill the vacancy.

K. Term of appointment; filling unexpired term; reappointment. A person appointed to fill a vacancy that occurred other than by expiration of a term shall serve for the unexpired portion of the term. Otherwise, each member appointed to the board shall be appointed for a term of five years. No member of the board shall be eligible to succeed himself unless his immediately previous appointment was to serve for the unexpired portion of a term which had less than two years to run.

L. Service until successor qualified. Members shall continue to serve until their successors have been appointed and take office.

M. Incompatible offices. No member of the board shall hold any office in any political party or other political organization, nor shall he hold any public office or employment for compensation, existing under or created by the laws of the United States or the state of Louisiana, or existing under or created by the charter or ordinance of a municipality or subdivision of the state.

Amended by Acts 1976, No. 289, §1; Acts 1980, No. 272, §1; Acts 1985, No. 426, §1; Acts 1986, No. 142, §1; Acts 1992, No. 188, §1; Acts 1992, No. 1049, §1; Acts 1997, No. 1422, §1; Acts 2004, No. 83, §1, eff. May 28, 2004; Acts 2004, No. 91, §1, eff. May 28, 2004; Acts 2010, No. 681, §2; Acts 2018, No. 534, §1.

*NOTE: AS APPEARS IN ACTS 1976, NO. 289, §1 AND ACTS 1985, NO. 426, §1.
La. Rev. Stat. § 34:367 — LA Code / Code revised-statutes / Title 34 / Section 367
Letting contracts; executing work with own force and equipment; contractor's bond
Status: in_force

Whenever any work is to be let under the provisions of this Part, the contract for which will exceed the value of two thousand five hundred dollars, the said governing authorities shall proceed to provide through the city or parish engineer, as the case may be, proper specifications for the performing of the said work, which specifications shall receive, when necessary, the sanction and approval of the proper authorities of the United States before the work or specifications are officially announced as such. After the adoption of the said specifications thus approved, the said governing authorities shall advertise for bids to do the work according to the plans and specifications prepared, which advertisement shall appear once a week for three different weeks, the first advertisement to appear at least fifteen days before the opening of the bids, in the official journal of the municipality or of the parish, as the case may be, where the work is to be located and performed, as well as in any other paper or papers in the discretion of the said governing authorities. Such advertisement shall state the place where the bids will be received, the time and place where the bids will be opened and a general outline of the work expected to be performed. Every bid shall be accompanied by a certified check of the bidder in an amount equal to five per cent of the amount of the bid, which check shall be forfeited to the municipality, should the bidder to whom such contract is awarded fail to enter into the contract required within ten days after notice to do so from the municipal or parish authority awarding the work. The checks of all unsuccessful bidders shall be returned after the contract is awarded. All bids submitted shall be addressed to the municipal or parish authority and shall be publicly opened and read at the time stated in the advertisement. The governing authority of the municipality or parish may reject any and all bids, if, in its opinion, it is to the interest of the municipality or parish so to do, but whenever a contract is awarded, unless for cause, which in its discretion may be deemed sufficient, it shall be awarded to the lowest responsible bidder. The governing authority of the municipality or parish may also proceed to execute the work with its own force and its own equipment and under its own supervision. The bidder to whom such contract is awarded shall be required to furnish bond of a surety company authorized to do business in Louisiana, or other good and solvent surety in a sum equal to one-half of the amount of the contract awarded, conditioned that such work shall be performed in accordance with the plans and specifications and the terms of the contract, and containing such other stipulations and provisions as may be required by the authority granting the contract. The awarding of the contract to a successful bidder will be binding upon both, even though for some cause there should be no signing of the actual contract.

Amended by Acts 1968, No. 70.
La. Rev. Stat. § 34:1505 — LA Code / Code revised-statutes / Title 34 / Section 1505
Prescriptive period; sale of bonds
Status: in_force

For a period of sixty days from the date of the adoption of any resolution of the commission authorizing the issuance of its bonds or notes, any person interested may test the legality of such resolution and the validity of such bonds or notes issued or proposed to be issued thereunder, after which time no one shall have any cause of action to contest the regularity, formality, or legality of said resolution or to draw in question the legality of said bonds or notes or the debts represented thereby for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of said sixty days.

Any bonds issued in accordance with the provisions hereof shall be sold to the highest bidder, at a public sale, for not less than par and accrued interest, after advertisement, once a week for not less than thirty days, by the commission in a newspaper of general circulation published in Lake Providence, Louisiana, Chicago, Illinois, New York, New York, and such other places as the commission shall determine, reserving to the commission the right to reject any and all bids, and the right to re-advertise for new bids. If, after advertisement as hereinabove provided, no bids are received, or if such bids as are received are considered in the discretion of the commission to be unsatisfactory, then and in that event, the commission may publicly negotiate for the sale of such bonds.

Added by Acts 1958, No. 450, §1.
La. Rev. Stat. § 34:855.5 — LA Code / Code revised-statutes / Title 34 / Section 855.5
Exemptions
Status: in_force

The provisions of R.S. 34:855.3 shall not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition.

Acts 1991, No. 97, §1.
La. Rev. Stat. § 34:3158 — LA Code / Code revised-statutes / Title 34 / Section 3158
Creation of commission; membership; qualifications; tenure
Status: in_force

A. There is hereby created a commission to be known as the Caddo-Bossier Parishes Port Commission. It shall be composed of nine members, who shall serve without compensation, as follows:

(1)(a) Two of the commissioners shall be appointed by the governing authority of the parish of Caddo as follows:

(i) One of the commissioners shall reside in the parish of Caddo outside of the city limits of Shreveport.

(ii) One of the commissioners shall reside in the parish of Caddo within the city limits of Shreveport.

(b) Any commissioner appointed pursuant to this Paragraph shall serve a term of six years.

(2) One of the commissioners shall be appointed by the governing authority of the parish of Bossier.

(a) The commissioner shall reside in the parish of Bossier.

(b) The commissioner appointed pursuant to this Paragraph shall serve a term of six years.

(3) Four of the commissioners shall be appointed by the governing authority of the city of Shreveport as follows:

(a) Three commissioners shall reside within the city limits of Shreveport and each shall serve a term of six years.

(b) One commissioner shall be at-large and reside within the city limits of Shreveport and shall serve a term concurrent with the term of the mayor.

(4)(a) Two of the commissioners shall be appointed by the governing authority of the city of Bossier City.

(b) Any commissioner appointed pursuant to this Paragraph shall reside within the city limits of Bossier City and shall serve a term of six years.

B. A vacancy on the commission for any reason shall be filled in the same manner as the original appointments and for the unexpired term of office. Each commissioner shall be a citizen of the United States and a qualified voter and property taxpayer of the parish of Caddo or Bossier, as the case may be, and of the state of Louisiana.

C. The governing authorities, in making appointments, shall endeavor to provide for racial diversity of the board and to ensure that the racial proportion of the appointees shall reflect the same racial proportion of the geographical area which they represent. Except, the governing authority of the parish of Caddo, in making appointments, shall endeavor to provide for racial diversity of the board and to ensure that the racial proportion of their appointees shall reflect the same racial proportion of the governing authority of the parish of Caddo.

D. The term of each commissioner serving on June 18, 2006, shall expire as follows:

(a) The term of the commissioner appointed by the governing authority of the parish of Caddo shall expire on June 30, 2007. His successors shall be appointed pursuant to the provisions of Item (A)(1)(a)(i).

(b) The term of the commissioner appointed by the governing authority of the parish of Bossier shall expire on February 15, 2009. His successors shall be appointed pursuant to the provisions of Paragraph (A)(2).

(c) The term of the commissioners appointed by the governing authority of the city of Shreveport shall expire as follows:

(i) The term of the commissioner whose term began on April 1, 2003, and would have expired on June 28, 2011, shall expire on such date. His successors shall be appointed pursuant to the provisions of Subparagraph (A)(3)(a).

(ii) The term of the commissioner whose term would have expired on March 31, 2007, shall expire on such date. His successors shall be appointed pursuant to the provisions of Item (A)(1)(a)(ii).

(iii) The term of the commissioner whose term would have expired on July 26, 2007, shall expire on June 30, 2007. His successors shall be appointed pursuant to the provisions of Subparagraph (A)(3)(a).

(iv) The term of the commissioner whose term would have expired on July 27, 2009, shall expire on such date. His successors shall be appointed pursuant to the provisions of Subparagraph (A)(3)(a).

(v) The commissioner whose term began July 18, 1997, and would have expired on June 28, 2011, shall serve a term concurrent with the term of the mayor who appointed him. His successors shall be appointed pursuant to the provisions of Subparagraph (A)(3)(b).

(d) The term of the commissioners appointed by the governing authority of the city of Bossier City shall expire as follows:

(i) The term of the commissioner whose term would have expired on March 29, 2012, shall expire on such date. His successors shall be appointed pursuant to the provisions of Paragraph (A)(4).

(ii) The term of the commissioner whose term would have expired on February 16, 2007, shall expire on such date. His successors shall be appointed pursuant to the provisions of Paragraph (A)(4).

Added by Acts 1975, No. 66, §1. Amended by Acts 1993, No. 226, §1; Acts 2006, No. 667, §1, eff. June 29, 2006.
La. Rev. Stat. § 34:2030 — LA Code / Code revised-statutes / Title 34 / Section 2030
Securities
Status: in_force

Bonds, certificates, or other evidence of indebtedness issued by the district under this Chapter are deemed to be securities of public entities within the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana Revised Statutes of 1950, and shall be subject to defeasance in accordance with the provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, and may be refunded in accordance with the provisions of Chapter 14-A and 15 of Title 39 of the Louisiana Revised Statutes of 1950, and may also be issued as short term revenue notes of a public entity under Chapter 15-A of Title 39 of the Louisiana Revised Statutes of 1950.

Acts 1990, No. 710, §1.
La. Rev. Stat. § 34:203.2 — LA Code / Code revised-statutes / Title 34 / Section 203.2
Transfer of property to the United States Navy
Status: in_force

A. Notwithstanding R.S. 34:203.1 or any other provision of law to the contrary, the board may, by majority vote of its members, transfer to the United States Navy, by sale, exchange, donation, cooperative endeavor, or otherwise, the following described property for the purpose of constructing a home port for the Navy, to wit:

(1) Parcel No. 1, containing 0.34 acres more or less:

For a point of commencement, begin at the Southeast corner of the Northeast Quarter (NE 1/4) of Section 16, Township 11 South, Range 9 West, Calcasieu Parish, Louisiana; thence N 89° 21' 35" W 1725.98 feet along the East/West centerline of said Section 16; thence N 0° 38' 25" E 309.97 feet to the point of commencement and Corner No. 1, having Coordinates of X = 1,381,974.48, Y = 527,733.87; thence N 0° 38' 25" E 185.95 feet to Corner No. 2; having Coordinates of X = 1,381,976.56, Y = 527,919.81; thence continuing N 0° 38' 25" E 126 feet, more or less, to the Mean High Water Line; thence Westerly following the meanders of the Mean High Water Line 568 feet, more or less, along the South side of the Turning Basin of the Industrial Canal; having Coordinates of X = 1,381,416.67, Y = 528,188.87; the point of beginning; thence 1° 07' 59" E 381.54 feet, more or less, to the intersection with the Mean High Water Line having Coordinates of X = 1,381,424.17, Y = 528,570.34; thence Southwesterly following the meanders of the Mean High Water Line 370 feet, more or less, along the West side of said Turning Basin; thence Southeasterly following the meanders of the Mean High Water Line 80 feet, more or less, along the Southern side of said Turning Basin, to the point of beginning.

(2) Parcel No. 2, containing 0.17 acres more or less:

For a point of commencement, begin at the Southeast corner of the Northeast Quarter (NE 1/4) of Section 16, Township 11 South, Range 9 West, Calcasieu Parish, Louisiana; thence N 89° 21' 35" W 1725.98 feet along the East/West centerline of said Section 16; thence N 0° 38' 25" E 309.97 feet to the point of commencement and Corner No. 1, having Coordinates X = 1,381,974.48, Y = 527,733.87; thence N 0° 38'25" E 185.95 feet to Corner No. 2; having Coordinates of X = 1,381,976.56, Y = 527,919.81; thence continuing N 0° 38'25" E 126 feet, more or less, to the Mean High Water Line; thence Westerly following the meanders of the Mean High Water Line 650 feet, more or less, along the South side of the Turning Basin of the Industrial Canal; thence Northerly following the meanders of the Mean High Water Line 410 feet, more or less, along the West side of said Turning Basin, having Coordinates of X = 1,381,433.31, Y = 529,035.48, the point of beginning; thence N 1° 07' 59" E 158.62 feet, more or less, to a corner having Coordinates of X = 1,381,436.43, Y = 529,194.07; thence N 88° 52' 01" W 91.32 feet, more or less, to the intersection with the Mean High Water Line along the Western side of said Turning Basin having Coordinates of X = 1,381,345.12, Y = 529,195.88; thence Southeasterly following the meanders of the Mean High Water Line 182 feet, more or less, to the point of beginning.

B. The bearings, distances, and coordinates cited in Subsection A of this Section are grid and are based on the Louisiana Coordinate System (Lambert) South zone. The parcels are the same as those shown on the plat titled Exhibit "B" Boundary Survey for Submerged Land, Lake Charles Naval Station, prepared by Fromherz Engineers, Inc., New Orleans, Louisiana, dated March 11, 1987.

Acts 1988, No. 480, §1.
La. Rev. Stat. § 34:326 — LA Code / Code revised-statutes / Title 34 / Section 326
Acquisition of lands; public aid
Status: in_force

A. The board is authorized to acquire by purchase, donation, expropriation, or otherwise, including expropriation in accordance with R.S. 19:141, any lands in the district needed for railways, wharves, sheds, buildings, canals, channels, and other facilities required for the operation of the board and to be owned and operated by the board. The board also has the authority to lease any such lands in the district to others for manufacturing, commercial, and business purposes to promote the industrial development of the district. The board may also provide that payment for such lands be made out of the funds under its control not otherwise specifically appropriated.

B. The board is further authorized to receive by gift, grant, donation, or otherwise, any sum of money, aid, or assistance from the United States, the state of Louisiana, or any of the political subdivisions thereof, for the purpose of carrying out the objects and purposes of this Part.

Acts 1952, No. 530, §6; Acts 1999, No. 1152, §1.
La. Rev. Stat. § 34:3402 — LA Code / Code revised-statutes / Title 34 / Section 3402
Mississippi River Deepening Project
Status: in_force

A. For the purpose established in this Chapter and contingent upon the necessary act of designation to be promulgated by the governor pursuant to R.S. 38:81, designating the Department of Transportation and Development as the assuring and coordinating agency for the Mississippi River Deepening Project, the secretary of the department is authorized to negotiate and contract with the United States of America to provide such local assurances and cooperation as is necessary for the purposes authorized in this Chapter.

B. The secretary is authorized to proceed with and cooperate in the planning, design, engineering, construction, and maintenance of the first phase of the project; to-wit, providing a channel forty-five feet in depth from the Gulf of Mexico to mile one hundred eighty one above the Head of Passes. Should training works be required for the project, appropriate fresh water diversion structures shall be constructed, as part of the federal project, to compensate for any consequent loss of fresh water in the marsh environment.

C. Upon completion of the first phase of the project, the secretary is authorized to proceed with and cooperate in the planning, design, engineering, construction, and maintenance of the second phase of the project; to-wit, providing a channel forty-five feet in depth from mile one hundred eighty-one above the Head of Passes to mile two hundred thirty-two point four above the Head of Passes.

D. Upon completion of the second phase of the project, the secretary is authorized to proceed with and cooperate in the planning, design, engineering, construction, and maintenance of subsequent phases of the project that would advance the deepening of the channel from forty-five feet to fifty-three feet from the Gulf of Mexico to mile two hundred thirty-two point four above the Head of Passes.

Acts 1986, No. 83, §1, eff. June 17, 1986; Acts 1989, No. 21, §1, eff. June 14, 1989; Acts 1999, No. 634, §1.
La. Rev. Stat. § 34:334.9 — LA Code / Code revised-statutes / Title 34 / Section 334.9
Bond issues; taxes for payment of bonds
Status: in_force

The district shall constitute a political subdivision of the state of Louisiana for the purpose of the issuance of bonds under the authority of Section 14, Article XIV of the Constitution of the State of Louisiana and Chapter IV of Title 39 of the Revised Statutes of 1950, and the district may issue bonds for the acquisition, improvement or extension of any facilities which it is authorized to acquire pursuant to the provisions of Section 14, Article XIV of the Constitution of 1921, Chapter IV aforesaid and the provisions of this Part VII and Sections 30.1 and 31 of Article XIV of the Constitution of Louisiana. All of the provisions of Section 14 and Chapter IV aforesaid requiring the levying of taxes fully sufficient to pay bonds issued thereunder shall be applicable to the payment of bonds issued as provided in this Section.

Added by Acts 1956, No. 466, §1.
La. Rev. Stat. § 34:334.12 — LA Code / Code revised-statutes / Title 34 / Section 334.12
Per diem of commissioners
Status: in_force

The commissioners shall be paid a per diem not to exceed one hundred forty dollars, and the duly elected president shall be paid a per diem not to exceed one thousand dollars, for each day of attendance at meetings of the commission or on business of the commission authorized by the board. The board shall establish the per diem rates. Any commissioner, including the president, shall only be eligible to receive a per diem for up to twelve days in a calendar year.

Added by Acts 1975, No. 287, §1; Acts 2001, No. 389, §1; Acts 2023, No. 31, §1.
La. Rev. Stat. § 34:2402 — LA Code / Code revised-statutes / Title 34 / Section 2402
Governing authority
Status: in_force

A.(1) The Madison Parish Port Commission, hereinafter referred to as "the commission", is hereby created and established as the governing authority of the district. The commission shall be composed of seven commissioners, who shall be appointed and shall serve for terms as follows:

(a) Six of the commissioners shall be appointed by the governing authority of the parish of Madison;

(b) One commissioner shall be elected by the above mentioned members of the commission.

(2) The commissioner initially appointed by the members of the commission and two of the six commissioners initially appointed by the governing authority of the parish of Madison, each shall be appointed to serve for a term of two years. Two of the six commissioners initially appointed by the governing authority of the parish of Madison shall serve for four years. The remaining commissioners shall be initially appointed to serve for a term of six years. Thereafter, the successors to each of the seven commissioners shall be appointed to serve for terms of four years.

B. Each commissioner shall be a citizen of the United States, a qualified voter and taxpayer of the State of Louisiana and a resident of the parish of Madison.

C. In the event any commissioner ceases to be a commissioner for any reason, his successor shall be appointed in the same manner as the original appointment and shall serve for the remainder of the unexpired term of the outgoing commissioner.

D. The commissioners shall serve without compensation, but the commission may authorize a reasonable travel allowance for the commissioners in the performance of their official duties.

E. The commission shall elect a chairman and a vice-chairman from among its membership. It may also elect from among its membership, or otherwise, a secretary and a treasurer, whose respective duties shall be prescribed by the commission. At the option of the commission, the offices of secretary and treasurer may be held by the same person.

F. The commission shall meet in regular session, once each month, and shall also meet in special session at the call of the chairman of the commission, or on the written request of three commissioners. The commission shall prescribe rules to govern its meetings and shall fix the place at which meetings shall be held. A majority of the commissioners shall constitute a quorum, and all action or resolutions of the commission, to be valid, must be approved by the affirmative vote of not less than a majority of the entire membership of the commission.

Added by Acts 1966, No. 369, §1; Amended by Acts 1988, No. 498, §1, eff. July 9, 1988.
La. Rev. Stat. § 34:1453 — LA Code / Code revised-statutes / Title 34 / Section 1453
Rights and powers of the commission
Status: in_force

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.
La. Rev. Stat. § 34:3482 — LA Code / Code revised-statutes / Title 34 / Section 3482
Report of any misuse of funds
Status: in_force

If the legislative auditor determines that any expenditures by the recipient governmental entity have not been made in accordance with this Chapter, he shall promptly report the facts of such expenditure to the Legislative Audit Advisory Council. The council shall make further investigation of the matter as it deems necessary.

Acts 2017, No. 382, §1, eff. July 1, 2017.
La. Rev. Stat. § 34:333.2 — LA Code / Code revised-statutes / Title 34 / Section 333.2
Board of commissioners; appointment and qualifications of members; terms of office; compensation
Status: in_force

A. The governing authority of said district is hereby declared to be a board of commissioners, consisting of six members, who shall be citizens of the United States and qualified voters and taxpayers within the limits of said district during their term of office. The said commissioners shall be appointed as follows:

(1) Three members to be appointed by the mayor and town council of the town of Abbeville, Vermilion Parish, Louisiana.

(2) Three members to be appointed by the police jury of the parish of Vermilion, state of Louisiana, one of whom shall be a member of a racial minority.

B.(1) The commissioners initially appointed shall be appointed for terms respectively of one, two, three, four, and five years, to be determined as follows: Initially the commissioners appointed for terms of one, three, and five years shall be appointed by the mayor and town council of the town of Abbeville, Vermilion Parish, Louisiana, and those commissioners appointed for terms of two and four years shall be appointed by the police jury of the parish of Vermilion, state of Louisiana. Any vacancy in any original terms shall be filled in the manner for original appointments. Any vacancy occurring due to expiration of the original term shall be filled by the board of commissioners, for the term of five years, from a panel of names submitted to them as follows.

(2) Two names to be submitted by each of the following:

(a) The governing authority of the town of Abbeville.

(b) The police jury of Vermilion Parish.

C. The commissioners shall serve without compensation, and shall have the power to organize and reorganize legal, executive, engineering, clerical, and other department and forces of said board and to fix the duties, powers, and compensation of all officers, agents, and employees under said board.

D.(1) The term of office of the commissioner originally appointed in 1990 is hereby extended to a term of six years and any vacancy occurring in that office thereafter due to the expiration of a term shall be filled by the board of commissioners for a term of six years.

(2) The term of office of all commissioners other than that of the commissioner originally appointed in 1990 shall remain at five years until such terms expire in 1991, 1992, 1993, 1994, and 1995, respectively. At the expiration of each term, the successive term shall be for a period of six years. Any vacancy occurring in that office thereafter due to expiration of a term shall be filled by the board of commissioners for a term of six years.

Acts 1954, No. 253, §2; Acts 1990, No. 32, §1; Acts 1991, No. 327, §1.
La. Rev. Stat. § 34:1358 — LA Code / Code revised-statutes / Title 34 / Section 1358
Annual taxes
Status: in_force

The governing authority of the district shall levy annually the taxes as provided herein on all property situated within the district under the same methods, terms and conditions and at the same time as state and parish taxes are levied, assessed and collected; these taxes shall be secured by the same lien upon the property subject to taxation within the district as taxes for state and parish purposes; the property subject to any taxes within the district shall be sold for failure to pay the same in the same manner as property is sold for delinquent state, parish and other taxes.

Added by Acts 1954, No. 567, §1. Amended by Acts 1970, No. 373, §1, eff. Jan. 1, 1971; Acts 1970, No. 503, §1, eff. Jan. 1, 1971.
La. Rev. Stat. § 34:3156 — LA Code / Code revised-statutes / Title 34 / Section 3156
Right to expropriate; expropriation by declaration
Status: in_force

A. The Natchitoches Parish Port Commission may acquire by expropriation in accordance with the general expropriation laws of the state of Louisiana, any wharves, landings, or any other property necessary for the benefit and advantage of the commerce of the said commission, including, but not limited to, the development of industrial parks.

B. When the Natchitoches Parish Port Commission cannot amicably acquire property needed by the commission for the benefit and advantage of the commerce of the commission, including, but not limited to, the development of industrial parks, it may expropriate same either in the manner provided in Subsection A above, or in the manner provided in Part XVIII of Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950, provided any certificate, authorization, and estimate required for the expropriation procedure selected shall be signed by the president of the commission.

Acts 1990, No. 401, §1.
La. Rev. Stat. § 34:293 — LA Code / Code revised-statutes / Title 34 / Section 293
Powers of board; title to structures
Status: in_force

A.(1) The board has the power to regulate the commerce and traffic of the harbor and terminal district in any manner that may in its judgment be best for the public interest. It has all of the rights, privileges, and immunities granted to corporations in Louisiana. It may administer, contract for, operate, and maintain wharves, warehouses, landings, docks, sheds, belt and connecting railroads, canals, basins, locks, elevators, and other structures and facilities necessary or proper for the use and development of the business of the district, including buildings and equipment for the accommodation of passengers and in the handling, storage, transportation, and delivery of freight, express, and mail. It may maintain proper depths of water to accommodate the business of the district; provide mechanical facilities and equipment for use in connection with the wharves, sheds, docks, elevators, warehouses, and other structures; and provide light, water, and police protection for the district and for all harbor and terminal facilities situated therein. It may make and collect reasonable charges for the use of all structures, works, and facilities administered, and for any and all services rendered by it. It may regulate reasonably the fees or rentals charged for use of privately owned wharves, docks, warehouses, elevators, or other privately owned facilities located on property owned or sold by the authority within the limits of the district when the same are offered for the use of the public or by a private industrial, commercial, research, or other economic development entity or activity.

(2) All buildings, railroads, wharves, elevators and other structures, equipment and facilities herein referred to are declared to be works of public improvement and title thereto shall vest in the public.

B. In addition to the foregoing, the board shall have the power and authority:

(1) To sue and be sued.

(2) To prepare, adopt, promulgate, amend and repeal bylaws, orders, rules, regulations, policies, forms, and procedures to govern the affairs and conduct of its business and to carry out its functions in order to effectuate the provisions of this Part.

(3) To make, enter into, and execute all contracts and agreements with any person or agency, public or private, necessary or incidental to the performance of its duties and the execution of its power under this Part.

(4) To perform any other necessary and ancillary acts to effectuate its functions, to perform its duties, or to give effect to its powers in accordance with this Part.

Amended by Acts 1988, No. 867, §1, eff. July 18, 1988 ; Acts 2024, No. 531, §1, eff. June 10, 2024 .
La. Rev. Stat. § 34:1806 — LA Code / Code revised-statutes / Title 34 / Section 1806
Right to expropriate
Status: in_force

The Avoyelles Parish Port Commission may acquire by expropriation in accordance with expropriation laws of the state of Louisiana, any wharves, landings or any other property necessary for the benefit and advantage of the commerce of the said commission.

Added by Acts 1960, No. 331, §1.
La. Rev. Stat. § 34:2035 — LA Code / Code revised-statutes / Title 34 / Section 2035
Revenue bonds for authorized functions and purposes, prescription
Status: in_force

A. In addition to other authorized methods of issuance of revenue bonds and as separate and distinct authority for the issuance of revenue bonds, in addition to any other procedures and authorization, the commission is hereby authorized in accordance with this Section.

B. Revenue bonds may be issued by the commission to accomplish any of the authorized public functions or purposes set forth in this Chapter. All such bonds shall be negotiable instruments and shall be solely the obligation of the commission. Such bonds shall be authorized and issued by resolution adopted by a majority vote of the board of commissioners of the district and shall be of such series, bear such date, mature at such time, bear interest at such rate, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchange ability privileges, be payable at such place, be subject to such terms of redemption, and be entitled to such priorities on the income, revenue, and receipts of the commission as such resolution may provide. The commission may enter into lease agreements, loans, or any other type of financing arrangements to provide for a revenue source to make payments on the bonds as shall be approved in any resolution or ordinance providing for the issuance of such bonds. The bonds shall be signed by such officers as the commission shall determine, and such signatures may be by facsimile.

C. Such bonds shall be sold by the board of commissioners of the district in such manner as may be determined by the commission to be most beneficial to the commission, and the commission may pay all expenses and commissions which it may deem necessary or advantageous in connection with the issuance and sale of such bonds. Such bonds may, in the discretion of the commission, be additionally secured by a mortgage on all or any part of the projects acquired, constructed, extended, or improved with the proceeds thereof, and the commission shall have full discretion to make such provisions as it may see fit for the making and enforcement of such mortgage and provisions to be therein contained.

D.(1) The issuance and sale of such bonds by the commission shall be approved by the State Bond Commission. At least seven days prior to the sale of such bonds by the commission, the commission shall cause to have published a notice of sale in a newspaper of general circulation in the parish of Jefferson. This notice of sale shall state if any proposals have been made for the purchase of the bonds and that other proposals will be considered and that the proposal most advantageous to the commission will be accepted at the time of the sale.

(2) For a period of thirty days from the date of publication of the notice of sale, any person or persons with interest shall have the right to contest the legality of the notice of sale, resolution, or other proceedings authorizing the issuance of the bonds and the legality of the bond issue for any cause, after which time no person shall have any cause or right of action to contest the legality of said resolution or other proceedings or of the bonds authorized thereby for any cause whatsoever. If no suit, action, or proceedings are begun contesting the validity of the bonds within the thirty days herein prescribed, the commission may commence to issue the bonds and to provide for the payment thereof. Thereafter, the legality of the bonds, and of all of the provisions of the resolution or other proceedings authorizing the issuance of the bonds, shall be conclusively presumed, and no court shall have authority to inquire into such matters.

E. Such bonds shall have all the qualities of negotiable instruments under the commercial laws of the state of Louisiana. All such bonds shall be special and limited obligations of the commission. In no event shall any such bonds constitute an obligation, either general or special, of the general credit of the commission or of the state of Louisiana within the meaning of any constitutional or statutory provision whatsoever, and the bonds shall contain a recital to that effect.

Acts 2003, No. 887, §1.
La. Rev. Stat. § 34:851.26 — LA Code / Code revised-statutes / Title 34 / Section 851.26
Transmittal of information
Status: in_force

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission pursuant to R.S. 34:851.10(B) shall be transmitted to said official or agency of the United States. Nothing in this Section shall be construed to require disclosure of records or the information contained therein held by this department while criminal litigation or any anticipated criminal litigation exists. Only after final adjudication of settlement shall this information become public record.

Acts 1984, No. 288, §1.
La. Rev. Stat. § 34:1712 — LA Code / Code revised-statutes / Title 34 / Section 1712
Ad valorem tax bonds
Status: in_force

A. The St. Bernard Port, Harbor and Terminal District is also authorized, with the approval of the State Bond Commission, to incur debt and issue negotiable bonds secured by and payable from ad valorem taxation for any of the works of public improvement described in this Chapter, provided, however, that the amount of such bonds outstanding at any one time shall not exceed in the aggregate ten per centum of the assessed valuation of the taxable property within the district to be ascertained by the last assessment for parish purposes previous to the sale of such bonds, and the board of commissioners shall impose and collect annually in excess of all other taxes, a tax on all the property subject to taxation by the district sufficient in amount to pay principal and interest on such bonds falling due each year. Such bonds shall be authorized by a resolution of the governing authority of the district and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty years from their respective dates, bear interest at such rate or rates as the board may establish in accordance with the general laws of this state payable annually or semiannually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, and be subject to such terms of redemption at par as such resolution or resolutions may provide. The bonds shall be signed by such officers as the district shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signatures of such officer or officers of the district as it shall designate. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds or the officer or officers, whose facsimile signature or signatures may be upon the coupons, shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered.

B. Said bonds shall be sold for not less than par and accrued interest to the highest bidder at a public sale after advertisement by the district at least once a week for not less than three consecutive weeks, the first publication being not less than twenty-one days prior to the date fixed for the reception of bids, in a newspaper of general circulation within the district and in a financial newspaper or journal published in New Orleans, New York or Chicago, reserving to the district the right to reject any and all bids and to readvertise for bids. If the bonds are not sold pursuant to the advertisement, they may be sold by the board by private sale, within sixty days after the date advertised for the reception of sealed bids, but no private sale shall be made at a price less than the highest bid which shall have been received. If not so sold, the bonds shall be readvertised in the manner herein prescribed.

C. No proceedings in respect to the issuance of any such bonds shall be necessary except such as are contemplated by this Section and no further or other legislation shall be required to effectuate the same.

D. For a period of thirty days from the date of publication of the resolution authorizing the issuance of bonds hereunder, any persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, after which time no one shall have any cause or right of action to contest the legality of said resolution or of the bonds authorized thereby for any cause whatsoever. If no suit, action or proceeding is begun contesting the validity of the bond issue within the thirty days herein prescribed, the authority to issue the bonds and to levy the necessary tax for the payment thereof, the legality thereof and of all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters.

Added by Acts 1960, No. 228, §1. Amended by Acts 1964, No. 404, §2; Acts 1982, No. 839, §1.
La. Rev. Stat. § 34:342 — LA Code / Code revised-statutes / Title 34 / Section 342
Acquisition of same by expropriation
Status: in_force

For the public purposes contemplated in R.S. 34:341, the commissioner of wildlife and fisheries shall endeavor to acquire the needed canals and locks by amicable agreement with the owners thereof, failing which he may expropriate the needed properties in accordance with the general expropriation laws of the state. An agreement of purchase or lease contemplating the acquisition of the needed properties may be made by the commissioner upon a basis of annual or semi-annual installment payments bearing not more than seven per centum per annum interest with vendor's privilege or other security clauses; he may also execute the necessary acts of purchase or lease and issue the required interest-bearing notes or evidences of indebtedness, which notes or other evidences of indebtedness shall be properly paraphed for identification with the acts of purchase or lease. The commissioner may provide in his annual budget for the payment of the obligations so incurred.
La. Rev. Stat. § 34:246 — LA Code / Code revised-statutes / Title 34 / Section 246
Acquisition of lands; receipt of money, aid or assistance
Status: in_force

The board is authorized to acquire by purchase, donation, expropriation, or otherwise any lands in the Parish of Iberia needed for railways, wharves, sheds, buildings, canals, channels and other facilities required for the operation of the board and to be owned and operated by the board. The board may also provide that payment for such land be made out of the funds under its control not otherwise specially appropriated.

The board is further authorized to receive by gift, grant, donation or otherwise, any sum of money, aid or assistance from the United States, the State of Louisiana, or any of the political subdivisions thereof, for the purpose of carrying out the objects and purposes of this Part.
La. Rev. Stat. § 34:335.3 — LA Code / Code revised-statutes / Title 34 / Section 335.3
Authority, powers, and duties of board; officers; agents
Status: in_force

A. The board of commissioners shall exercise the powers herein conferred upon it within the port area, consisting of the entire parish of Rapides, excluding any private port facility.

B. The board of commissioners may authorize a reasonable travel allowance for its members in the performance of their official duties. The board of commissioners may further reimburse to its members actual expenses incurred in the performance of their official duties on behalf of the port. It may employ such officers, agents, and employees as it finds necessary in the performance of its duties, and it may prescribe the duties, powers, and compensation of the officers, agents, and employees. The board of commissioners, on terms as it agrees upon, may contract for legal, financial, engineering, and other professional services necessary or expedient in the conduct of its affairs, and, on terms and conditions mutually agreeable, may utilize the services of other executive departments of the state.

C.(1) The board of commissioners shall regulate the commerce and traffic within the port area in a manner as may, in its judgment, be for the best interests of the state.

(2) The board shall have charge of and administer public wharves, docks, sheds, and landings. It may:

(a) Construct or acquire and equip wharves, landings, and other structures useful for the commerce of the port and provide mechanical facilities therefor.

(b) Erect sheds or other structures on the wharves and landings.

(c) Provide light, water, police protection, and other services for its facilities as it deems advisable.

(d) Construct or acquire, maintain, and operate basins, locks, canals, warehouses, and elevators.

(e) Charge for the use of all facilities administered by it and for all services rendered by it.

(f) Establish fees, rates, tariffs, or other charges as it deems fit.

(g) Establish harbor lines within the port area by agreement with the United States Army Corps of Engineers.

(h) 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 port in both intrastate and interstate commerce.

(3) Title to all property and improvements acquired by the port shall rest in the port.

D. The board of commissioners may make and enter into contracts, leases, and other agreements with railroads, trucking companies, and barge lines and with any and all companies interested in the transportation, storage, and shipping of goods and other products, whether by rail, truck line, barge line, or otherwise, for the use of facilities administered by the board or any part or portion thereof for a period of time not exceeding forty years. However, no exclusive franchise shall be granted to any carrier.

E. The board of commissioners may make and enter into contracts, leases, and other agreements with political subdivisions for the management and operation of port and ancillary facilities, including industrial park property adjacent to the port facility. This right shall include the construction and operation of warehouses, storage facilities, and other buildings used in connection with the port.

F. The board of commissioners is authorized to make and construct any of the works of public improvements in the port and anything in connection therewith which may be necessary or useful for the business of the board, to purchase machinery or materials and equipment for performing the work and to supervise the making of the same or to make and construct the works through contracts with others, and generally to do all other acts necessary or proper to carry out the powers vested in it with regard to works of public improvement.

Acts 1987, No. 440, §1; Acts 1992, No. 770, §1; Acts 2015, No. 434, §1, eff. July 1, 2015.
La. Rev. Stat. § 34:1705 — LA Code / Code revised-statutes / Title 34 / Section 1705
Rights of the board of commissioners
Status: in_force

A.(1) The board of commissioners of the St. Bernard Port, Harbor and Terminal District shall have the sole power to regulate, pursuant to R.S. 34:1703, the domestic, coastwise, and intercoastal commerce and traffic of said district and all commerce and traffic within the district including cargo bound for and/or in, and/or coming out of international commerce where such commerce and traffic is conducted by or through a facility wholly owned by the district.

(2) The board of commissioners of the St. Bernard Port, Harbor and Terminal District shall also have and exercise the powers granted to deep water port commissions pursuant to R.S. 9:1102.1 in all cases where riparian owners of property on navigable rivers, lakes, or streams within said district desire to construct wharves, buildings, or improvements on the batture or banks owned by them, which are designed for and/or used for such commerce and traffic domestic, coastwise, or intercoastal commerce, including cargo bound for and/or in and/or coming out of international commerce where such is conducted by or through a facility wholly owned by the district.

B. The board of commissioners of the St. Bernard Port, Harbor and Terminal District shall have the right to enter into any and all contracts and agreements with the parish of St. Bernard, the board of commissioners of the Port of New Orleans, and any other public subdivisions or authorities relative to any and all matters which lie within the jurisdiction of the district and the board of commissioners thereof.

Added by Acts 1960, No. 228, §1. Amended by Acts 1964, No. 404, §2; Acts 1976, No. 285, §1; Acts 1980, No. 500, §1, eff. Aug. 1, 1980; Acts 1983, No. 415, §1; Acts 1992, No. 40, §1.
La. Rev. Stat. § 34:26 — LA Code / Code revised-statutes / Title 34 / Section 26
Port and harbor police
Status: in_force

The board of commissioners may, in its discretion, appoint, fix salaries of, and pay port and harbor police; said police to consist of such number of men of good character and citizens of the state, not under 21 years of age. Each of the port and harbor police so appointed shall furnish bond in a sum to be fixed by the board of commissioners at not less than one thousand dollars, conditioned on the faithful performance of his duties, and any person injured or damaged by any port or harbor police may sue upon said bond. The port and harbor police shall have, under the direction and control of the board of commissioners, the same power to make arrests, in and upon the property within the jurisdiction of the board and approaches thereto, and to execute and return all criminal warrants and processes, as sheriffs of this state have, and shall under the same direction and authority, have all the powers of sheriffs as peace officers in all places and on all premises under the jurisdiction and control of the board, and the streets and approaches thereto. Any persons arrested by officers of the board and the return of all warrants or processes served by said officers shall be forthwith surrendered or delivered to the criminal sheriff of the Parish of Orleans or sheriffs of St. Bernard and Jefferson parishes; provided this shall in no way deprive the New Orleans city police or any sheriff or deputy sheriff in the parishes of Orleans, St. Bernard or Jefferson from making arrests or from serving warrants or process of court in any such place or on any such premises. The board of commissioners shall make rules and regulations for the conduct, management and control of the port and harbor police, and shall, from time to time, enlarge, modify or change such rules and regulations in its discretion.
La. Rev. Stat. § 34:1863 — LA Code / Code revised-statutes / Title 34 / Section 1863
Limits of the district
Status: in_force

A. The commission shall exercise the powers herein conferred upon it, within the port area, consisting of the entire town of Vidalia as the boundaries and limits of said town are presently or hereafter fixed by law and extending southward of said municipal limits to the northern boundary of the Forrest-Moreau Plantation and all the land fronting the Mississippi River to a depth of five hundred feet from low water's edge.

B. The commission shall be domiciled in the town of Vidalia.

Added by Acts 1981, Ex.Sess., No. 10, §1; Acts 1998, 1st Ex. Sess., No. 67, §1.
La. Rev. Stat. § 34:838 — LA Code / Code revised-statutes / Title 34 / Section 838
Vessels going into Atchafalaya River; discharge of ballast; penalty for unlawful discharge
Status: in_force

All vessels which may hereafter come into the Atchafalaya bay, with the intention of going, and do actually go, into the Atchafalaya river, shall not discharge their ballast in the bay, but must discharge their ballast on the banks of the river, or on the banks of some of the bayous connected therewith. Whoever discharges the ballast of such vessels in the bed of the river or in the waters of the bay, having a depth of less than five fathoms, shall be fined not more than five hundred, nor less than two hundred dollars.
La. Rev. Stat. § 34:29 — LA Code / Code revised-statutes / Title 34 / Section 29
Borrowing power; issuance of notes and bonds
Status: in_force

A. The Board of Commissioners of the Port of New Orleans, without further legislative enactment, may borrow money and issue notes and bonds pursuant to the provisions of this Section and under the following conditions:

(1) With the approval of the governor and the State Bond Commission, it may for its public purposes, borrow on notes for temporary loans, payable within one year, and in addition, may borrow money in anticipation of the collection of charges for wharfage, tollage, storage service, and other charges which have been actually earned but have not yet been received.

(2) It may borrow from any person or corporation using a marine facility or warehouse or who desires to have a marine facility or warehouse constructed or improved such sums as are necessary to construct or improve the marine facility or warehouse according to plans and specifications approved by the board, and may erect, construct, or improve such marine facility or warehouse and agree that the loan therefor shall be liquidated by deducting from the dockage, wharfage, sheddage, tollage, or other charges payable for such property a percentage thereof to be agreed on.

B. Repealed by Acts 2004, No. 719, §2.

C. The board, with the approval of the governor and State Bond Commission, may borrow money and issue bonds to refund bonded indebtedness heretofore incurred or hereafter to be incurred and maturing and becoming payable within one year of the date of such refunding.

D. All bonds issued under the foregoing provisions, except as otherwise expressly provided, shall run not more than fifty years from date, shall be issued in serial form, payable in annual installments commencing not more than ten years from date, and the amount payable each year for principal and interest to be as nearly equal as practicable. Refunding bonds issued hereunder shall be payable in annual installments commencing not more than one year from date. All of the bonds shall have the same exemption from taxation, the same privileges of registration and release from registration, and the same eligibility for deposit with the state or its officers or any of its political subdivisions or municipalities as was granted by Article 321 of the Constitution of 1913 to the bonds therein authorized. Tutors of minors and curators of interdicts may invest the funds in their hands in any of such bonds.

E. No bonds issued hereunder shall be sold for less than par and accrued interest or bear a greater rate of interest than the maximum authorized by R.S. 39:1424 or 1425 as the same now exists or may be hereafter amended, payable annually or semiannually.

F. The interest on all bonds issued hereunder shall be payable semiannually. The board shall place on deposit with the treasurer of the state of Louisiana, to the credit of an account or accounts to be known as interest accounts, in such manner as is provided in the proceedings to issue the bonds, an amount equal to the interest on all bonds that may have been delivered. In addition, the board, in each year when any of the bonds become due and payable, shall deposit with the treasurer, to the credit of an account or accounts to be known as redemption accounts, the principal amount of all bonds maturing or becoming payable. Such deposits shall be made with the treasurer not less than thirty days prior to the date such moneys become payable. The treasurer shall collect such deposits as aforesaid, and in the case of failure on the part of the board to make deposits in an amount sufficient to provide for the payment of principal or interest due or to become due, the treasurer shall collect the charges and revenues of the port and apply the same, after providing for necessary operating expenses and any prior charges, to the payment of the principal and interest on said bonds. For that purpose and for such time as is necessary, the treasurer is hereby authorized to exercise all powers and duties vested in the Board of Commissioners of the Port of New Orleans. Both principal and interest due on the bonds shall be payable through state fiscal agent banks or other duly authorized agents as designated in the bonds. The accounts of the board shall be subject to audit and investigation by the legislative auditor.

G. The board may acquire real and personal property subject to mortgage or other lien and may make or execute purchase money mortgages on property acquired.

H. In determining the surplus of the revenues of the port as a basis for bond issues, the interest upon mortgages or moneys charged upon any property acquired subject to mortgage or lien and a sufficient amount to amortize the charge or lien before its maturity shall be deducted from the earnings of such property, and only the surplus remaining after such deduction and after the payment of the expenses of operation and maintenance of such property shall be included as a part of the surplus earnings of the port for said basis. The board may issue receipts negotiable or otherwise for property or merchandise in its charge or possession.

I. Nothing contained in this Section shall prejudice the right of the holder of any bonds of the port now outstanding.

J. Nothing contained in this Section shall be construed to limit the powers of the board of commissioners of the Port of New Orleans under any other provision of law to issue bonds or other obligations.

Added by Acts 1975, No. 464, §1. Amended by Acts 1976, No. 449, §1; Acts 2004, No. 719, §§1, 2.
La. Rev. Stat. § 34:3269 — LA Code / Code revised-statutes / Title 34 / Section 3269
Powers and authority
Status: in_force

In addition to the powers and authority elsewhere granted in this Chapter, the commission is hereby granted and shall have and may exercise all powers necessary or convenient for the carrying out of its objects and purposes, including, but without limiting the generality of the foregoing, the following:

(1) To sue and be sued, and as such to stand in judgment.

(2) To adopt, use and alter at will a corporate seal.

(3) To acquire by purchase, donation, lease, or otherwise, and to hold and use any property, real, personal, or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the objects and purposes of the commission; to sell, lease, transfer, and convey any property or interest therein at any time acquired by it; and to donate by fee simple title, or otherwise convey, to the United States any lands, property, movable and immovable, rights of way, easements or servitudes, or any of them, which the commission may own or acquire by purchase, donation, or otherwise, for use in connection with the construction, improvement, and maintenance of the waterway. The authority granted by this Paragraph shall extend to the acquisition, in any manner herein provided, and the conveyance of lands, servitudes, or rights of way to the United States which are required by the United States Army, Corps of Engineers, for the construction, improvement, and maintenance of locks and dams along the waterway.

(4) After a public hearing, held after not less than thirty days notice printed in the official journal, to lease any portion of its lands and property except the waterway to any person, firm, partnership, association, or corporation, public or private, such leases to run for a term not exceeding fifty years.

(5) To bear the expense, in whole or part, of the relocation, construction and maintenance of public ways within the lands acquired by the commission.

(6) To effectuate and maintain proper depths of water to accommodate the business of the commission, and to regulate the use of water from the waterway.

(7) To make and collect reasonable charges for the use of all structures, works, locks, wharves, anchorages and special facilities constructed and administered by the commission, and for any and all services rendered by it, but not for the general right of passage in the waterway, and to regulate reasonably the fees and charges to be made by privately owned wharves, docks, warehouses, elevators and other facilities located on property owned by the commission or located within the right of way of the waterway when the same are offered for the use of the public.

(8) For capital outlay, including the cost of acquisition of rights- of-way and compensation for such severance and other collateral damages necessarily incurred in connection with such acquisition, and for maintenance and operation of the waterway, to levy an annual tax in an amount not exceeding in any one year six mills on the dollar of the assessed valuation of all taxable property lying within the district.

(9)(a) To incur nonfunded debt not to exceed in the aggregate the net of the unpledged estimated alimony revenue for the current year.

(b) To issue certificates of indebtedness due not more than one year after date and as security therefor pledge not to exceed seventy-five per centum of the estimated alimony tax revenue for the current year.

(c) To fund into bonds of the commission from time to time, in such principal amount as may be necessary for the accomplishment of the capital outlay purposes required, all or any portion of the five mills capital outlay tax hereinabove provided for, and to prescribe the conditions and details of such bonds within the limitations hereinafter set forth.

(10) To enter upon any lands, waters and premises in the state for the purpose of making surveys, soundings, drillings, examinations and appraisals, as it may deem necessary or convenient for the purposes of this Chapter, and such entry shall not be deemed a trespass nor shall such entry for such purpose be deemed an entry under any expropriation proceedings which may be pending, provided that five days registered notice in the case of resident owners and fifteen days registered notice in the case of nonresident owners be given to the owner of record of such lands, waters or premises as reflected by the parish assessment rolls, which notice shall be mailed to the last known address of said owner, as shown on said assessment records. The commission shall make reimbursement for any actual damages resulting to such lands, waters or premises as a result of such activities.

(11) To reimburse the United States for any money spent by it in the acquisition of any lands, property, servitudes, easements, or rights of way for use in connection with the construction, improvement or maintenance of the waterway.

(12) To acquire by purchase or donation, but not by expropriation, and thereafter donate or otherwise convey to the United States any lands, servitudes, or rights of way required by the United States Army, Corps of Engineers for the construction of public recreation sites along the waterway. The commission shall have no authority under this Chapter to expropriate property for recreational purposes.

(13) Notwithstanding any provision of law to the contrary and in particular R.S. 34:851.27, to otherwise regulate and be the regulatory authority of the Cane River Waterway and its use. By example, and not as a limitation, this is to include water traffic regulation, such as the size and speed of boats and other vessels.

(14) To enter into cooperative endeavor agreements with the governing authority for the parish of Natchitoches for the purpose of providing assistance with maintenance of public roads that are in the road maintenance system of Natchitoches Parish and provide access to properties that have frontage on Cane River Lake.

Added by Acts 1982, No. 391, §1; Acts 1986, No. 315, §1, eff. June 30, 1986, Acts 1986, No. 135, §1; Acts 1993, No. 727, §1; Acts 2001, No. 350, §1; Acts 2023, No. 37, §1.
La. Rev. Stat. § 34:2104.1 — LA Code / Code revised-statutes / Title 34 / Section 2104.1
Additional powers
Status: in_force

The district is declared to be a political subdivision of the state, as defined in Article VI, Section 44 of the Constitution of Louisiana. Pursuant to Article VI,

Sections 6, 19 and 20 of the Constitution of Louisiana, the district, acting through the board, is hereby granted all of the rights, powers, privileges, and immunities granted to political subdivisions generally for industrial, commercial, research, and economic development purposes.

Acts 1986, No. 472, §1.

{{NOTE: SEE ACTS 1986, NO. 472, §§2 AND 3.}}
La. Rev. Stat. § 34:1652 — LA Code / Code revised-statutes / Title 34 / Section 1652
Rights and powers of the commission
Status: in_force

A. The commission shall exercise the powers herein conferred upon it within the port area, consisting of the entire tenth ward of the parish of Lafourche as the boundaries and limits of said ward are presently fixed by law.

B. The commission may authorize a reasonable travel allowance for its members in the performance of their official duties.

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 port area. Title to all property and improvements thereon acquired by the commission shall vest in the commission. The commission is hereby vested with authority to:

(1) Employ such officers, agents and employees as it deems necessary for the performance of its powers and duties, and may prescribe the powers and duties and fix the compensation of such officers, agents and employees.

(2) Contract, upon such terms as it may agree upon, for legal, financial, engineering and other professional services necessary or expedient in the conduct of its affairs.

(3) Utilize the services of the executive departments of the state upon mutually agreeable terms and conditions.

(4) Own, administer, construct, acquire, operate and maintain docks, wharves, landings, elevators, sheds, warehouses, basins, locks, slips, laterals, canals, levees and all other property, structures, equipment, facilities and works of public improvements necessary and proper for the use and development of the business of the commission.

(5) Maintain proper depths of water at all wharves and landings, and dredge and maintain shipways, bayous, waterways, channels, slips, basins and turning basins.

(6) Establish harbor lines within the port area by agreement with the United States Corps of Engineers, and establish, operate and maintain navigable waterway systems in cooperation with the federal government, the state of Louisiana and its various agencies, subdivisions and public bodies.

(7) 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 in both intrastate and interstate commerce.

(8) Acquire by right of eminent domain, purchase, lease or otherwise, the land that may be necessary for the business of the commission.

(9) Acquire by purchase, lease or otherwise, industrial plant sites and necessary property or appurtenances therefor, and acquire or construct industrial plant buildings, with necessary machinery and equipment, within the port area.

(10) Receive by gift, grant, donation, or otherwise any sum of money, or property, aid or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm or corporation.

(11) Provide such light, water, police protection and other services for its facilities as it deems advisable.

(12) Establish and charge reasonable fees, rates, tariffs or other charges for the use of all facilities administered by it and for all services rendered by it.

(13) 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.

(14) Charge a reasonable fee to each vessel arriving in ballast or carrying cargo of any kind.

(15) Make and enter into contracts, leases and other agreements with railroads, trucking companies, barge lines and with any and all companies interested in the transportation, storage or shipping of goods and other products, whether by rail, truck line, barge line, ocean going vessels or otherwise, for the use of facilities administered by the commission or any part or portion thereof, for a period not exceeding forty years; provided, however, that no exclusive franchise shall be granted to any carrier.

(16) Lease or sublease for processing, manufacturing, commercial or business purposes, lands or buildings owned, acquired or leased as lessee by it, which leases may run for any term not exceeding forty years at a fixed rental, but may run for a term not exceeding ninety-nine years provided they shall contain a clause or clauses for readjustment of the rentals upon the expiration of a primary term of forty years.

(17) Borrow from any person or corporation using or renting any facility of the commission such sums as shall be necessary to improve the same and to erect and construct such improvements, and agree that the loan therefor shall be liquidated by deducting from the rent, dockage, wharfage or tollage charges payable for such property, a percentage thereof to be agreed on, subject, however, to any covenants or agreements made with the holders of revenue bonds issued under the authority hereinafter set forth.

(18) Mortgage properties constructed or acquired by the commission, and mortgage and pledge any lease or leases and the rents, income and other advantages arising out of any lease or leases granted, assigned or subleased by the commission.

(19) Sell immovable property owned by the commission after legal notice as provided by law for the judicial sale of immovable property.

(20)(a) Make and enter into agreements, including cooperative endeavor agreements, with the Department of Transportation and Development, the state of Louisiana, or any political subdivision thereof, or any private entities and corporations, upon such terms as it may agree upon, to make improvements to highway and bridge infrastructure and provide for the operation thereof along Louisiana Highway 1 from the vicinity of its junction with Louisiana Highway 3235 at the southern end of Golden Meadow, Louisiana, to the Jefferson Parish line at Grand Isle, Louisiana, and Louisiana Highway 3090.

(b) The commission may receive by gift, grant, donation, special dedication, or otherwise any sum of money, property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof or any person, firm, or corporation for the financing and funding of highway and bridge infrastructure improvements along Louisiana Highway 1 from the vicinity of its junction with Louisiana Highway 3235 at the southern end of Golden Meadow, Louisiana, to the Jefferson Parish line at Grand Isle, Louisiana, and Louisiana Highway 3090. The commission may utilize any existing funding mechanisms for such highway and bridge infrastructure improvements and shall be further authorized to utilize new and innovative funding mechanisms including but not limited to toll collections, and further, the commission shall be deemed to constitute an authority as defined in R.S. 48:2021 with the powers and duties of an authority as set forth in the Louisiana Transportation Development Act and as further provided in R.S. 34:1662.

(c) Highway and bridge infrastructure improvements along the routes referred to in this Paragraph include but shall not be limited to additional capacity projects along the existing highway alignment, additional capacity projects along new highway alignments, and construction of new or improvements to existing bridge structures. The commission may also establish the direction of travel and set minimum speed limits and maximum weight limitations on such highway or bridge infrastructure improvements.

(21) Exercise all powers which may be exercised by an airport district as provided in R.S. 2:326 through 329 and 331 within the geographical jurisdiction of the commission.

(22) Do any and all things necessary or proper for the government, regulation, development, and control of the business of the commission.

D. The commission is hereby further vested with and granted all powers capable of being delegated by the legislature under Article 14, Section 31 of the Louisiana Constitution of 1921, as amended and continued in effect by the Louisiana Constitution of 1974. 1

Added by Acts 1960, No. 222, §1. Amended by Acts 1976, No. 160, §2; Acts 2001, No. 364, §1; Acts 2003, No. 105, §1, eff. May 28, 2003.

1 Now R.S. 34:340.1 et seq.
La. Rev. Stat. § 34:222 — LA Code / Code revised-statutes / Title 34 / Section 222
Calcasieu Ship Channel Funding Management Board
Status: in_force

A. The legislature hereby creates the Calcasieu Ship Channel Funding Management Board which shall be domiciled at the Lake Charles Harbor and Terminal District. The board shall be composed of the following three members:

(1) The executive director of the Lake Charles Harbor and Terminal District or his designee.

(2) The governor of the state of Louisiana or his designee.

(3) A representative from an entity with a facility located on the ship channel that contributes to the fund and appointed by the Louisiana Mid-Continent Oil and Gas Association.

B. The board shall elect from its members a chairman who shall call the meetings as necessary and set the agenda for each meeting. The chairman shall serve a term of one year and may serve consecutive terms.

C. The powers of the board shall be limited to determining how money from the fund is used to pay the non-federal sponsor's cost share of the DMMP or other non-federal sponsor's costs under the PPA or as required by federal law or regulation, including but not limited to projects presented to the board for construction and any real estate acquisitions necessary to implement the objectives of the DMMP.

D. The board members shall serve without compensation.

Acts 2020, No. 332, §1, eff. June 12, 2020.
La. Rev. Stat. § 34:1959 — LA Code / Code revised-statutes / Title 34 / Section 1959
Fees; ad valorem tax; borrowing money
Status: in_force

The commission may charge a reasonable fee to each vessel arriving in ballast or carrying cargo of any kind. It may also charge for each copy of any certificate issued by it or its deputies for inspecting hatches, surveying cargoes, and the like. The master of each vessel shall, however, be furnished free one copy of all surveys upon his vessel or cargo. The commission may, when necessary, levy annually an ad valorem tax not to exceed two and one-half mills on the dollar on the property subject to taxation situated in the district when authorized to do so by a majority of the qualified electors of the district voting in an election held for that purpose in accordance with law. All funds derived under this Section shall be used to defray the administrative, operative, and maintenance expenses of the board. The commission may likewise borrow money for the said purpose from time to time and issue certificates of indebtedness secured by any fees authorized under this Section and by any taxes authorized under this Section provided that such indebtedness shall in no year exceed the estimated revenues for such year.

Added by Acts 1968, No. 4, §5; Acts 2003, No. 884, §1, eff. July 1, 2003.
La. Rev. Stat. § 34:1652.1 — LA Code / Code revised-statutes / Title 34 / Section 1652.1
Port and harbor police
Status: in_force

A. The commission may, in its discretion, appoint, fix salaries of, and pay port and harbor police; said police to consist of any number of people of good character and citizens of the state, not under eighteen years of age.

B. Each of the port and harbor police so appointed shall furnish bond in a sum to be fixed by the commission at not less than one thousand dollars, conditioned on the faithful performance of his duties, and any person injured or damaged by any port or harbor police may sue upon said bond.

C. The port and harbor police shall have, under the direction and control of the commission, the same power to make arrests, in and upon the property within the jurisdiction of the commission and approaches thereto, and to execute and return all criminal warrants and processes, as sheriffs of this state have, and shall under the same direction and authority, have all the powers of sheriffs as peace officers in all places and on all premises under the jurisdiction and control of the commission, and the streets and approaches thereto.

D. Any persons arrested by officers of the commission and the return of all warrants or processes served by said officers shall be forthwith surrendered or delivered to the criminal sheriff of the parish of Lafourche; provided this shall in no way deprive the sheriff or deputy sheriff in the parish of Lafourche from making arrests or from serving warrants or process of court in any such place or on any such premises.

E. The commission shall make rules and regulations for the conduct, management, and control of the port and harbor police, and shall, from time to time, enlarge, modify, or change such rules and regulations in its discretion.

Added by Acts 1972, No. 22, §1; Acts 2001, No. 364, §1.
La. Rev. Stat. § 34:941 — LA Code / Code revised-statutes / Title 34 / Section 941
Definitions
Status: in_force

As used in this Subpart, the following terms shall have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise:

(1) "Board of examiners" or "board" means the Board of Examiners of Bar Pilots for the Port of New Orleans, established in R.S. 34:942.

(2) "Bar pilot" or "pilot" means a Bar Pilot for the Port of New Orleans, as designated in R.S. 34:943.

(3) "Services" of a bar pilot shall mean any advice or assistance with respect to pilotage by the commissioned bar pilot or by his authorized representative, including but not limited to advice concerning weather, channel conditions, and other navigational conditions.

Acts 1983, No. 331, §1.
La. Rev. Stat. § 34:851.23 — LA Code / Code revised-statutes / Title 34 / Section 851.23
Boat liveries; numbering of manufacturer's and dealer's boats
Status: in_force

A. Neither the owner of a boat livery nor his agent or employee shall permit any motorboat, sailboat, or any vessel designed or permitted by him to be operated as a motorboat or sailboat to depart from his premises unless it shall have been provided, either by owner or renter, with the equipment required pursuant to R.S. 34:851.24 and any rules and regulations made pursuant thereto.

B.(1) A manufacturer of or dealer in motorboats or sailboats owning or operating any motorboat or sailboat for sale, demonstration, or trading purposes but not used in the operation of such business otherwise or for pleasure purposes, in lieu of registering such motorboats or sailboats, shall obtain a registration number from the commission by applying therefor upon the proper official form and the payment of a registration fee of fifty dollars for a three-year period. Renewals shall be made in the same manner.

(2) The manufacturer or dealer may have the number awarded printed upon or attached to removable signs to be temporarily but firmly mounted upon or attached to the boats being demonstrated or tested so long as the display meets the requirements.

(3) The word "DEALER" in letters of not less than one and a half inches shall appear below the awarded number.

(4) The number awarded may, during the registration period for which issued, be transferred from one motorboat or sailboat to another owned or operated by the manufacturer or dealer who procured the number.

Acts 1984, No. 288, §1; Acts 1986, No. 521, §1, eff. Oct. 1, 1986; Acts 1990, No. 894, §1; Acts 2007, No. 83, §1.
La. Rev. Stat. § 34:2316.1 — LA Code / Code revised-statutes / Title 34 / Section 2316.1
Contribution to port commission
Status: in_force

The commission may periodically, out of its alimony revenues, defray on behalf of ports within the district reasonable charges and expenses in connection with the operations of these ports. Additionally, the commission may, out of such revenues, make reasonable contributions to a port commission to provide all or part of its matching fund requirements as may be made available in order to maximize federal and state participation in the development of the waterway.

Added by Acts 1993, No. 550, §1.
La. Rev. Stat. § 34:3160 — LA Code / Code revised-statutes / Title 34 / Section 3160
Rights and powers of commission
Status: in_force

A. The commission shall exercise the powers herein conferred upon it, within the port area, consisting of the entire parishes of Caddo and Bossier; however, specifically excluded from the port area are any docks, landings or wharves in use on November 8, 1966, and businesses engaged in river operations in the port area on November 8, 1966.

B. The commission may authorize a reasonable travel allowance for its members in the performance of their official duties. It may employ such officers, agents, and employees as it finds necessary in the performance of its duties and may prescribe the duties, powers, and compensation of such officers, agents and employees. The commission, on such terms as it agrees upon, may contract for legal, financial, engineering, and other professional services necessary or expedient in the conduct of its affairs, and, on terms and conditions mutually agreeable, may utilize the services of the executive departments of the state.

C.(1) The commission shall regulate the commerce and traffic within the port area in any manner as may, in its judgment, be for the best interests of the state. It shall not be subject in any respect to the authority, control, or supervision of any local regulatory body or any political subdivision. It shall have charge of and administer public wharves, docks, sheds, landings, industrial parks, industrial buildings, and other property or facilities owned, operated, or controlled by the commission. It shall have authority to construct or acquire and equip wharves and landings and other structures useful for the commerce of the port area, and provide mechanical facilities therefor; to erect sheds or other structures on the 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; to establish such fees, rates, tariffs, or other charges as it may deem fit; to establish harbor lines within the port area by agreement with the United States Army 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, or operated by the commission in both intrastate and interstate commerce. The commission shall have authority to plan, finance, develop, construct, and acquire industrial parks and industrial plant buildings within its port area, including sites and other necessary property or appurtenances therefor, and to acquire, construct, develop, improve, operate, maintain, and provide improvements and services necessary therefor, including but not limited to roads, streets, street lighting, bridges, rail facilities, drainage, sewers, sewerage disposal facilities, solid waste disposal facilities, waterworks, and other utilities and related properties. Title to such property and improvements shall be in the public and shall vest in the commission for public administration, subject only to the right of the commission to lease, sell, or otherwise dispose of the same in the manner provided in this Chapter.

(2) In addition to any other powers and functions, the commission may perform the functions of an economic and industrial development entity. Such functions may include but shall not be limited to the following:

(a) Public relations, advertising, marketing, and providing and disseminating information.

(b) Government relations, ombudsman, and government liaison.

(c) Financial and financing assistance.

(d) Tax abatement.

(e) Planning and coordination for economic development and resource utilization, including such functions as industrial and economic research and industrial programming and solicitation.

(f) Industrial training, technical assistance, and technology transfer.

(g) The use of public and other legal powers to facilitate development.

(h) Promoting transfer mechanisms to take ideas from their point of origin and development to commercially successful utilization by local enterprises.

(i) Fostering entrepreneurial activity in the port area.

(j) Promoting the development of new products, processes, or services or new uses for existing products, processes, or services manufactured or marketed in the port area.

(k) Supporting market research aimed at identifying new markets for local or regional products and processes, including international markets; determining the characteristics, needs, and preferences of those markets; and developing new marketing techniques to exploit those markets.

(l) Fostering and supporting economic industrial development and education in cooperation with private business enterprises, financial institutions, educational institutions, nonprofit institutions and organizations, state government and political subdivisions of the state, the federal government, and other organizations or persons concerned with research, development, education, commercial application, and economic or industrial development in ways which increase the economic base of the port area.

(3) For the purposes of Paragraph (2) of this Subsection, the commission may engage in activities and projects it deems most appropriate to encourage and assist economic growth and development in the port area. However, the selection of utility service providers shall be subject to the provisions of R.S. 33:4160.1 and 4160.2, R.S. 45:123, and all applicable orders of the Louisiana Public Service Commission for facilities constructed or acquired by the commission.

D.(1) The commission shall have authority to make and enter into contracts, leases, and other agreements with railroads, trucking companies, bargelines, and with any and all companies interested in the transportation, storage, and shipping of goods and other products, whether by rail, truckline, bargeline, or otherwise, for the use of facilities administered by the commission or any part or portion thereof for a period of time not exceeding ninety-nine years. However, no exclusive franchise shall be granted to any carrier.

(2) The commission shall also have the authority to sell, lease, or otherwise dispose of, by suitable and appropriate contract, to any enterprise locating or existing within its port area, all or any part of an industrial plant site, industrial plant building, or other property owned by the commission, subject only to the requirements of this Chapter. In determining the consideration for any contract to lease, sell, or otherwise dispose of lands, buildings, or other property of the commission, it may take into consideration the value of the lands, buildings, or other properties involved as well as the potential value of the economic impact of the industrial or business enterprise being induced to locate or expand within the port area. Such economic impact shall include increased employment, increased use of local labor, wages and salaries to be paid, consumption of local materials, products and resources and special tax revenues to be generated by the industrial or business enterprise acquiring or leasing lands, buildings, or other property from the commission. Any lease may be for a term not exceeding ninety-nine years and may contain an option to purchase by the lessee.

(3) The resolution or ordinance adopted by the commission authorizing any lease, sale, or other disposition of lands, buildings, or other property of the commission shall set forth, in a general way, the terms of the authorized lease, sale, or other disposition, and such resolution or ordinance shall be published as soon as possible in one issue of the official journal of the commission. For a period of thirty days from the date of publication of any such resolution or ordinance, any interested person may contest the legality of such resolution or ordinance or the validity of the authorized lease, sale, or other disposition of commission property, after which time, no one shall have any cause of action to contest the legality of said resolution or ordinance or to draw in question the legality of the authorized lease, sale, or other disposition of commission property for any cause whatsoever, and it shall be conclusively presumed thereafter that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of said thirty days.

Added by Acts 1975, No. 66, §1. Amended by Acts 1978, No. 316, §1, eff. July 10, 1978; Acts 2003, No. 38, §1; Acts 2021, No. 152, §1.
La. Rev. Stat. § 34:852.21 — LA Code / Code revised-statutes / Title 34 / Section 852.21
Fees
Status: in_force

A. The department shall charge the following fees:

(1) Certificate of title-eighteen dollars.

(2) Duplicate certificate of title-fifteen dollars.

(3) Notation of a security interest, whether a chattel mortgage, other security agreement, or other financing statement evidencing a security interest is recorded, on a vessel certificate of title-five dollars.

(4) Cancellation of a notation of a security interest-five dollars.

(5) The fees authorized under R.S. 10:9-525 et seq.

B. In addition, the department shall collect a handling fee of eight dollars for each certificate of title issued.

Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008.
La. Rev. Stat. § 34:1002.1 — LA Code / Code revised-statutes / Title 34 / Section 1002.1
Employing pilot without a state commission; penalties
Status: in_force

A. No master, owner, or agent of a vessel required under this Subpart to take a state commissioned river port pilot shall perform the duties of a river port pilot nor employ a person who is not a state commissioned river port pilot.

B. Whoever violates this Section shall be fined not less than one thousand five hundred dollars nor more than five thousand dollars, or imprisoned for not more than six months, or both.

Added by Acts 1983, No. 331, §1; Acts 1986, No. 960, §1.
La. Rev. Stat. § 34:3472 — LA Code / Code revised-statutes / Title 34 / Section 3472
Methodology for dredging and deepening project evaluation
Status: in_force

A.(1) Applications for funding of any waterway project may be submitted by any governmental entity on a quarterly basis, except as provided in R.S. 34:3476. Applications shall be submitted to the office no later than the first of March, June, September, and December of each calendar year for consideration of funding or funding obligation authority in the following fiscal years. Applications submitted in accordance with the provisions of this Chapter shall be subject to the provisions of R.S. 39:101 through 128. Information to be provided in the application shall include but not be limited to the following:

(a) Description of the project and demonstration of immediate need for the project.

(b) Preliminary project design and cost estimate.

(c) Description of project area.

(2) Project applications shall not be subject to formal review and evaluation until the information required in the application has been submitted.

B. Applications shall be reviewed by the office and any other appropriate state agencies within sixty days after receipt of such applications by the office.

C. Procedures for review and evaluation shall be developed by the office. Prior to implementing the review and evaluation procedures, the office shall secure the approval of these procedures by the oversight committees in accordance with the Administrative Procedure Act. The procedures and a set of guidelines for completing project applications shall be made available to eligible governmental entities upon request.

D. The office may contract for any of the duties associated with the development of the waterway dredging and deepening priority program, including but not limited to the development, review, and evaluation of plans and specifications, and the development of the waterway dredging and deepening priority program list. However, development of and authority over the final determination of the waterway dredging and deepening priority list shall remain with the department and the joint committee as provided in this Chapter.

E. The office shall insure that an inventory is maintained of waterways, public and private, with respect to their location, capacities, and capabilities and serve as a clearinghouse for inquiries for waterways information, data, and technical and research assistance.

F. The office shall have prepared each year a summary report containing projections of state, federal, local, and private financial requirements for dredging and deepening waterways.

Acts 2017, No. 382, §1, eff. July 1, 2017.
La. Rev. Stat. § 34:875 — LA Code / Code revised-statutes / Title 34 / Section 875
Search warrant for secreted seamen
Status: in_force

Any magistrate may, on complaint on oath being made by the master of a vessel, or some person in his behalf, that a seaman or boy apprentice has deserted from his vessel, and that he is harbored, secreted or detained, issue a warrant under his hand and seal to cause search to be made in any place wherein said seaman or boy apprentice may be harbored or secreted, and shall cause such seaman or apprentice, when found, to be delivered to the master of the vessel to which he belongs.
La. Rev. Stat. § 34:1362 — LA Code / Code revised-statutes / Title 34 / Section 1362
Present rights of Plaquemines Parish
Status: in_force

Nothing herein contained shall be construed to deprive the parish of Plaquemines or its governing authority of any rights or powers which they presently have or exert within the corporate limits of the district, or to confer further police power upon the governing authority of the district.

The governing authority of the Plaquemines Port, Harbor and Terminal District shall have the right to enter into any and all contracts and agreements with the parish of Plaquemines, the Board of Commissioners of the Port of New Orleans, and any other public subdivisions or authorities relative to any and all matters which lie within the jurisdiction of the district and the governing authority thereof.

Added by Acts 1970, No. 373, §2, eff. Jan. 1, 1971; Acts 1970, No. 503, §2, eff. Jan. 1, 1971.
La. Rev. Stat. § 34:2312 — LA Code / Code revised-statutes / Title 34 / Section 2312
Revenue bonds
Status: in_force

In addition to the power and authority to issue bonds payable from the capital outlay tax herein authorized in the manner provided by R.S. 34:2311, the commission shall have the right, power and authority to issue revenue bonds for the purposes and in the manner provided by Part XII, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, except that it shall not be necessary to hold an election to authorize the issuance of such bonds.

Added by Acts 1965, No. 17, §12.
La. Rev. Stat. § 34:204.1 — LA Code / Code revised-statutes / Title 34 / Section 204.1
Port director
Status: in_force

A. The board shall contract with and employ a port director.

B.(1) Except as provided in Paragraph (2) of this Subsection, the port director shall meet both of the following minimum qualifications:

(a) A bachelor's degree from a college or university that was, at the time the degree was granted, accredited by a regional or national higher education accrediting agency recognized by the United States Department of Education.

(b) At least five years of experience in port operations, trade or industrial development, or business or public administration.

(2) Subject to approval by the board, alternative minimum qualifications for the port director shall be ten or more years of experience in port operations, trade or industrial development, or business or public administration, with such experience to include a minimum of five years of employment in a senior management position at a port.

C. The board may fix the compensation of the port director. The term of the employment contract with the port director shall not exceed three years. The board shall conduct, at least once each year, a written performance review of the port director in accordance with an evaluation procedure to be established by the board. Within ten days of its completion, such written evaluation shall be sent to the members of the state legislative delegation who represent any part of the district.

D. The port director shall be the chief administrative officer of the district. He shall be responsible for the efficient administration of the district and shall oversee its day-to-day operations. The port director shall:

(1) Supervise enforcement and execution of the broad, directional policies and other procedures of the board.

(2) Attend all meetings of the board of commissioners.

(3) Recommend to the board any measures necessary or expedient for the good governance and welfare of the port.

(4) Supervise the official conduct of all officers of the district appointed by the director.

(5) Supervise the performance of all contracts for work to be done for the district, make all purchases of material and supplies, and see that such material and supplies are received and are of the quality and character called for by the contract.

(6) Supervise the construction, improvement, repair, maintenance, and management of all district property, capital improvements, and undertakings of the district, including the making and preservation of all surveys, maps, plans, drawings, specifications, and estimates for capital improvements.

(7) Cooperate with any city and parish officials in the operations of the district.

(8) Keep the state legislators who represent any part of the district fully advised of the financial and other conditions of the district and of its future needs.

(9) Prepare and submit to the board annual operating and capital budgets.

(10) Conduct the business affairs of the district and cause accurate records to be kept by modern and efficient accounting methods.

(11) Make to the board, not later than the fifteenth day of each month, an itemized financial report, in writing, showing the receipts and disbursements for the preceding month.

(12) Contract with superintendents, stevedores, and other agents and employees and fix their compensation and terms of employment as deemed appropriate. However, the port director shall enter into an agreement with stevedores that extends for a period of more than one year only with the approval of the board.

(13) In accordance with applicable law and without approval of the board, employ, reclassify, fix the compensation of, or discharge or impose other disciplinary action on all employees who do not directly contract with or report to the board.

(14) Summarily and without notice to the board or otherwise, investigate the affairs and conduct of any department, agency, officer, or employee who does not directly contract with or report to the board and who is under the director's supervision. The director may compel the production of evidence and attendance of witnesses relative to such investigation. Based on such investigation, the port director may take, in accordance with applicable law, any action he deems appropriate and in the best interest of the district.

(15) Hold an annual orientation session for board members which includes ethics training, information on audits of the district, responsibilities of members, policies and procedures, and the current financial condition of the district.

(16) Perform all such other duties as may be necessary to carry on the day-to-day business affairs of the district within the broad, directional policies established by the board of commissioners.

(17) Perform all other actions and duties as authorized by the board.

Acts 2003, No. 149, §1, eff. May 29, 2003; Acts 2005, No. 8, §1, eff. May 27, 2005.
La. Rev. Stat. § 34:472 — LA Code / Code revised-statutes / Title 34 / Section 472
Bonds
Status: in_force

For the purpose of acquiring lands for the uses of the district and to provide funds for the making and construction of the public works facilities and improvements outlined in this Part, the board is authorized to issue revenue bonds in the manner and subject to the terms and conditions of Subpart C, Part I, Chapter 10, Title 33 of the Louisiana Revised Statutes of 1950, 1 as well as Subpart B, Part I, Chapter 10, Title 33. 2 The board is also authorized to incur debt and issue tax secured bonds for the above purposes in the manner and subject to the terms and conditions of Subpart A, Part III, Chapter 4, Title 39, 3 as well as industrial inducement bonds.

In addition to the above power to issue bonds and without reference to any other provisions of the constitution or statutes of the state, the district is authorized, with the approval of the state bond commission, to issue negotiable bonds for any of the purposes described above and to pledge for the payment of the principal and interest of such negotiable bonds the income and revenues derived or to be derived from the properties and facilities maintained and operated by it, or received by the district from other sources. In addition to the pledge of income and revenues to secure said bonds, the district may further secure their payment by a conventional mortgage upon any or all of the properties constructed or acquired, or to be constructed and acquired by it. Said district is further authorized to receive by gift, grant, donation or otherwise any sum of money, aid or assistance from the United States, the state of Louisiana, or any political subdivision thereof, and unless otherwise provided by the terms of such gift, grant, or donation, in its discretion, to pledge all or any part of such moneys for the further securing of the payment of the principal and interest of its bonds. Such bonds shall be authorized by a resolution of the governing authority of the district and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty years from their respective dates, bear interest at such rate or rates not exceeding five per centum per annum, payable semi-annually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption not exceeding one hundred five percent of the principal amount thereof, and be entitled to such priority on the revenues of the district as such resolution or resolutions may provide. The bonds shall be signed by such officers as the district shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signatures of such officer or officers of the district as it shall designate. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds or the officer or officers whose facsimile signature or signatures may be upon the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered. Said bonds shall be sold for not less than par and accrued interest, to the highest bidder at a public sale after advertisement by the district at least once a week for not less than thirty days in a newspaper of general circulation within the district and in a financial newspaper or journal published in New Orleans, New York or Chicago, reserving to the district the right to reject any and all bids and to readvertise for bids. If after advertisement as hereinabove provided, no bids are received, or if such bids as are received are considered in the discretion of the board to be unsatisfactory, then in that event the said board may publicly negotiate for the sale of such bonds, without further advertisement.

No proceedings in respect to the issuance of any such bonds shall be necessary except such as are contemplated by this Section, and no further or other legislation shall be required to effectuate the same.

For a period of thirty days from the date of publication of the resolution authorizing the issuance of bonds hereunder, any persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, after which time no one shall have any cause or right of action to contest the legality of said resolution or of the bonds authorized thereby for any cause whatever. If no suit, action or proceeding is begun contesting the validity of the bond issue within the thirty days herein prescribed, the authority to issue the bonds and to levy the necessary tax for the payment thereof, the legality thereof and of all the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters.

Added by Acts 1978, No. 56, §1.

1 R.S. 33:4251 et seq.

2 R.S. 33:4221 et seq.

3 R.S. 39:551 et seq.
La. Rev. Stat. § 34:338.2 — LA Code / Code revised-statutes / Title 34 / Section 338.2
Collection of special tax
Status: in_force

Any special tax authorized as provided herein shall be levied, assessed and collected on the property within the district under the same methods, terms and conditions and at the same time as state and parish taxes are levied, assessed and collected; the tax shall be secured by the same liens upon the property subject to taxation within the district as taxes for state and parish purposes; the property subject to the tax within the district shall be sold for failure to pay the same in the same manner as property is sold for delinquent state, parish and other taxes under the laws of the state. The provisions of the constitution and all laws regulating the collection of taxes, the creating of tax liens and mortgages, tax penalties and tax sales shall also apply to the collection of the taxes herein authorized.

Acts 1969, No. 43, §2.
La. Rev. Stat. § 34:961.1 — LA Code / Code revised-statutes / Title 34 / Section 961.1
Employing pilot without a state commission; penalties
Status: in_force

A. No master, owner, or agent of a vessel required under R.S. 34:953 to take a state commissioned bar pilot shall, when a state commissioned bar pilot offers his services, employ as a pilot a person who is not a state commissioned bar pilot.

B. Whoever violates this Section shall be fined not less than one thousand five hundred dollars nor more than five thousand dollars, or imprisoned for not more than six months, or both.

Added by Acts 1983, No. 331, §1.
La. Rev. Stat. § 34:2034 — LA Code / Code revised-statutes / Title 34 / Section 2034
Additional powers; industrial and economic development; prescription; definitions
Status: in_force

A.(1) The commission may construct or acquire industrial parks or industrial plant buildings inside the geographic boundaries of the commission, including sites and other necessary property or appurtenances therefor, and to acquire, construct, improve, operate, maintain, and provide improvements and services necessary therefor, including but not limited to roads, street lighting, bridges, rail facilities, drainage, sewers, sewerage disposal facilities, solid waste disposal facilities, waterworks, and other utilities and related properties. The commission shall also have the authority to sell, lease, or otherwise dispose of, by suitable and appropriate contract, to any enterprise locating or existing inside the geographic boundaries of the commission, all or any part of an industrial plant site, industrial plant building, or other property owned by the commission. In determining the consideration for any contract to lease, sell, or otherwise dispose of lands, buildings, or other property of the commission, the commission may take into consideration the value of the lands, buildings, or other properties involved as well as the potential value of the economic impact of the industrial or business enterprise being assisted. Such economic impact shall include increased employment, increased use of local labor, wages and salaries to be paid, consumption of local materials, products and resources and special tax revenues to be generated by the industrial or business enterprise acquiring or leasing lands, buildings, or other property from the commission.

(2)(a) The resolution or ordinance adopted by the commission authorizing any lease, sale, or other disposition of lands, buildings, or other property of the commission shall set forth, in a general way, the terms of the authorized lease, sale, or other disposition and such resolution or ordinance shall be published as soon as possible in three issues of the official journal of the commission.

(b) For a period of thirty days from the date of publication of any such resolution or ordinance, any interested person may contest the legality of such resolution or ordinance or the validity of the authorized lease, sale, or other disposition of commission property. After which time, no person shall have any cause of action to contest the legality of said resolution or ordinance or to draw in question the legality of the authorized lease, sale, or other disposition of commission property for any cause whatsoever. It shall be conclusively presumed thereafter that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of said thirty days.

B. In addition to any other authority or powers granted to the commission, the commission shall have full power and authority to issue obligations and to provide funds for the furtherance and accomplishment of any authorized public function.

C. For purposes of this Chapter, "authorized public function" shall include but not be limited to:

(1) Airport and waterport and related facilities, services, and activities.

(2) Antipollution and air, water, ground, and subsurface pollution abatement and control facilities and activities.

(3) Cultural and civic facilities and activities.

(4) Educational or commercial communication equipment and facilities.

(5) Educational services and facilities and related housing and dormitory services and facilities.

(6) Facilities, property, and equipment of any nature for the use or occupancy of:

(a) The state or of any governmental units in the state.

(b) The United States or any agencies or instrumentalities thereof.

(c) Any other private person or entity.

(7) Gas, electric, petroleum, coal, and other energy collection, recovery, generation storage, transportation, and distribution facilities and activities.

(8) Hospital, medical health, nursery care, nursing care, clinical, ambulance, laboratory, and related services and facilities.

(9) Housing mortgage finance and related services, activities, facilities, and properties.

(10) Industrial, manufacturing, and other economic development facilities and activities.

(11) Mass transit, commuting and transportation, and parking services, equipment, and facilities.

(12) Penitentiary, rehabilitation, incarceration, and other correctional services and facilities.

(13) Sanitary and storm sewer and other liquid and solid waste collection, disposal, treatment, and drainage services and facilities.

(14) Water storage, treatment, supply, and distribution: Providing, developing, securing, and improving water storage, treatment, supply, and distribution services and facilities.

D. The powers granted in this Chapter to assist such industries, including without limitation loan, grant, or donation of funds, are hereby deemed to be the assistance of industry within the meaning of Article VI, Section 21 of the Constitution of Louisiana.

E. The commission may issue obligations to accomplish any of the foregoing authorized public functions or purposes and shall have the following powers, together with all powers incidental thereto or necessary for the performance of the following:

(1) To acquire, whether by purchase, exchange, gift, lease, or otherwise, and to construct and improve, maintain, equip, and furnish one or more projects that qualify as authorized public functions, including all real and personal properties which the board of commissioners of the district may deem necessary in connection therewith and whether or not any such project shall then be in existence.

(2) To lease or to contract for the use of or by others any or all of its authorized projects and to charge and collect rent, fees, or charges therefor and to terminate any such lease or contractual arrangement upon the failure of the lessee to comply with any of the obligations thereof.

(3) As security for the payment of the principal of and interest on any bonds so issued, and any agreements made in connection therewith, to mortgage and pledge any or all of its projects or any part thereof, whether then owned or thereafter acquired, and to pledge the revenues and receipts therefrom or from any other source.

F.(1) The commission may enter into any cooperative endeavor. "Cooperative endeavor" means any form of economic development assistance between or among the commission and the state, any of its local governmental subdivisions, political corporations, or public benefit corporations, the United States or its agencies, or any public or private association, corporation, or individual. The term "cooperative endeavor" shall include but not be limited to cooperative financing, cooperative development, or any other form of cooperative economic development activity.

(2) "Cooperative financing" means any method of financing an economic development project between or among the commission and the state, any of its local governmental subdivisions, political corporations, or public benefit corporations, the United States or its agencies, or any public or private association, corporation, or individual. Said methods of financing shall include loans, loan guarantees, land write-downs, grants, lease guarantees, or any form of financial subsidy or incentive. Such loan, grant, donation, and other means of cooperative financing is deemed hereunder to be the assistance of the industries authorized to be assisted by this Chapter under the provisions of Article VI, Section 21 of the Constitution of Louisiana.

(3) "Cooperative development" means any method of cooperative development between or among the commission and the state, any of its local governmental subdivisions, political corporations, or public benefit corporations, the United States or its agencies, or any public or private association, corporation, or individual. Said methods of cooperative development shall include but not be limited to any number of joint development agreements such as condominiums and cooperative ownership limited partnerships and investment syndicates.

G. The commission may carry out and effectuate the purposes and provisions of this Chapter, including, without limiting the generality of the foregoing, the following specific authority and powers, which shall be in addition to others granted:

(1) To apply for, receive, and accept for or from any federal agency, the state, political subdivision of the state, or any public or private source any grants, loans, or advances for or in the aid of an economic development cooperative endeavor, project, to give and accept such equity or security as may be required, and to enter into and carry out any contract of agreements in connection therewith, provided that public notice is given prior to such action.

(2) To procure insurance against any losses in connection with its property in such amounts and from such insurers as may be necessary and desirable.

(3) To sponsor and conduct conferences and studies, to collect and disseminate information, and to issue periodic reports.

(4) To assist local and regional businesses in applying for federal research grants and state or federal procurement contracts including dissemination of information on the availability of such grants and contracts.

(5) To collect and disseminate information on financial, technical, marketing, management, and other services available to local and regional businesses on a free or for-hire basis from universities, private for-profit businesses, and nonprofit organizations, or to provide for such services itself or in cooperation with public or private persons.

(6) To receive, loan, or expand seed capital or venture capital.

Acts 2003, No. 887, §1.
La. Rev. Stat. § 34:852.6 — LA Code / Code revised-statutes / Title 34 / Section 852.6
Prohibition of vessel or outboard motor sale, assignment, or transfer without certificate of title or documentation
Status: in_force

A.(1) No person shall sell, assign, or transfer a vessel or outboard motor titled by the department or documented with the United States Coast Guard without delivering to the new owner or the new owner's designee a certificate of title or a certificate of documentation with an assignment in the new owner's name.

(2)(a) Notwithstanding the requirements of Paragraph (1) of this Subsection or any other law, regulation, or policy of the department to the contrary that requires the signature of a notary public on a document evidencing the transfer of ownership of a vessel or outboard motor, if a person sells, assigns, or transfers a vessel or outboard motor to a purchaser who obtains a secured loan from a federally insured financial institution that takes a security interest in the vessel or outboard motor, the bill of sale or seller's assignment of the certificate of title shall be signed by the seller and may, in lieu of being signed in the presence of a notary public, be signed in the presence of an authorized officer who shall verify the identity of the seller and subscribe his name as a witness.

(b) The federally insured financial institution shall provide the department with a separate document identifying the name and job title of the authorized officer for the purpose of verifying that the person signing as a witness is an authorized officer of that particular financial institution.

(c)(i) For the purposes of this Section, "authorized officer" shall mean any officer of a federally insured financial institution operating in Louisiana who is designated to witness a bill of sale or assignment of a certificate of title of a seller, on behalf of a federally insured financial institution, for the purpose of executing the transfer of either a vessel or an outboard motor.

(ii) A federally insured financial institution may designate one or more officers to serve as authorized officers.

B. The provisions of this Section shall not apply to vessel or outboard motor dealers and supervised financial organizations or licensed lenders as defined in R.S. 9:3516, when they acquire or dispose of such vessels or outboard motors in connection with enforcement of any security interest held therein.

Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011; Acts 2017, No. 305, §2.
La. Rev. Stat. § 34:321 — LA Code / Code revised-statutes / Title 34 / Section 321
Creation and territorial limits
Status: in_force

The Morgan City Harbor and Terminal District is hereby created as a political subdivision of the State of Louisiana and its territorial limits are hereby fixed as follows:

All of that portion of St. Mary Parish, State of Louisiana, East of the township line between R11E and R12E, this line commencing on the North, at a point in Six Mile Lake where said township line intersects the Northern boundary line of St. Mary Parish, between St. Mary Parish and St. Martin, thence Southerly on said township line to a corner common to Sections (13) thirteen, and (24) twenty-four in T-17-S-R-11-E and Sections (18) eighteen and (19) nineteen in T-17-S-R-12-E, thence Westerly (1) one mile in T-17-S-R-11-E between Sections (13) thirteen and (24) twenty-four to a corner common to Sections (13) thirteen, (14) fourteen, (23) twenty-three, and (24) twenty-four in T-17-S-R-11-E, thence Southerly three (3) miles between Sections (23) twenty-three and (24) twenty-four, (25) twenty-five and (26) twenty-six, (35) thirty-five and (36) thirty-six in T-17-R-11-E, thence Southerly between Sections (1) one and (2) two, (11) eleven and (12) twelve, (13) thirteen and (14) fourteen in T-16-S-R-11-E to a point on the Bank of Shell Island, St. Mary Parish, State of Louisiana, at the Atchafalaya Bay between Sections (13) thirteen and (14) fourteen in T-18-S-R-11-E. Additionally, there is also included within the district, that portion of Atchafalaya Bay and the Gulf of Mexico out to the Chapman Line described as follows: Beginning at the point on the south bank of Shell Island at Atchafalaya Bay described above, thence go westerly along the northern shore of the Atchafalaya Bay to a point 200 feet east of the eastern bank of Wax Lake Outlet (also known as Calumet Cut) thence in a line running due south to the Chapman Line (same being three statutory miles from the coast line of the state of Louisiana); thence in an easterly direction along the Chapman Line to its intersection with the boundary line between St. Mary and Terrebonne Parishes; thence northerly along the parish boundary to the westernmost tip of Point Au Fer Island; thence easterly and northerly along the northern shore of Point Au Fer Island (same being the boundary line between St. Mary and Terrebonne Parishes) to south Point; thence continue north along the boundary line of the two parishes (same being the western side of Halter Island); thence continue northerly and westerly along the eastern shore of Atchafalaya Bay to a point on the eastern bank of the Atchafalaya River due east from the point of beginning; thence due west to the point of beginning. And any other access route in St. Mary Parish to the Gulf of Mexico that may be acquired. Additionally, there is also included within the district, the Wax Lake Outlet (also known as the Calumet Cut) extending from the southeastern corner of Six Mile Lake to the western side of Atchafalaya Bay, and including that part of the Wax Lake Outlet to the point referred above at a point 200 feet east of the eastern bank of the Wax Lake Outlet.

Acts 1952, No. 530, §1; Acts 1987, No. 422, §1; Acts 2011, No. 118, §1.
La. Rev. Stat. § 34:851.34 — LA Code / Code revised-statutes / Title 34 / Section 851.34
Powers not affected
Status: in_force

Nothing contained in this Part particularly R.S. 34:850.23 and R.S. 34:851.12 shall be construed to limit or affect the powers and functions or the structure and organization of a port commission or of a port, harbor, and terminal district.

Acts 1984, No. 288, §1.
La. Rev. Stat. § 34:292 — LA Code / Code revised-statutes / Title 34 / Section 292
Board of commissioners
Status: in_force

A. The governing authority of the district shall be known as the Board of Commissioners of the Lafayette Economic Development Authority. The board shall consist of twelve members who shall be citizens of the United States residing within the limits of the district during their terms of office.

B.(1) The commissioners shall be appointed as follows:

(a) Two members, one of whom shall be nominated by the Lafayette Parish Farm Bureau, shall be appointed by a majority vote of the mayors of the incorporated municipalities of Lafayette Parish other than the city of Lafayette.

(b) Two members, one of whom shall be a racial minority, shall be appointed by the Lafayette Mayor-President. The Lafayette Mayor-President may serve as one of the appointments.

(c) Two members, one of whom shall be a racial minority, shall be appointed by the Lafayette City Council.

(d) Two members, one of whom shall be a racial minority, shall be appointed by the Lafayette Parish Council.

(e) One member shall be appointed by One Acadiana.

(f) Two members, one of whom shall be a racial minority, shall be appointed by the president of the University of Louisiana at Lafayette. The president may serve as one of the appointments.

(g) One member shall be appointed by the chancellor of South Louisiana Community College. The chancellor may serve as the appointment.

(2) The commissioners appointed shall be true development representatives of the authority or agency appointing them and shall bring to the authority the resources and expertise which their respective appointing authorities or agencies possess. In that regard, it is specifically contemplated that the University of Southwestern Louisiana will provide and perform a liaison role, and not purely a technical role in the work of the authority, and its commissioner appointed to the board of commissioners shall assist the authority in providing for meeting the needs of business with the technical expertise of the university.

C. The terms of the commissioners shall be staggered so that of the initial members appointed, three* shall serve for two-year terms, three* for three-year terms, and three* for four-year terms. The determination of which terms shall run for two, three, or four years shall be made by the board by lot at its first meeting. The commissioners thereafter appointed at the expiration of the terms of the initial appointees shall serve for terms of four years. No member of the board may be appointed for more than two consecutive terms.

D.(1) Vacancies shall be filled in the manner of the original appointments, in accordance with the provisions set forth in Paragraph (1) of Subsection B of this Section.

(2)(a) Commissioners shall serve at the pleasure of the appointing authority or agency. The appointing authority or agency shall have the right to remove and replace commissioners appointed by it, with or without cause, and, where a vacancy exists, to fill the vacancy in the office of the commissioner or commissioners which have been allotted to that appointing authority or agency.

(b) The board shall have the authority to and may establish in its bylaws the procedures and criteria for removal of any of its members with cause by majority vote of its membership.

(c) Any member may be removed with cause by two-thirds vote of the membership of the Lafayette Parish Council.

(3) Removal as provided in this Section shall be without prejudice and there shall be reserved to any member so removed his right to judicial review under the law.

E. In order to facilitate the performance of its duties hereunder and to further promote the economic development of the parish and region, the board of commissioners may establish an advisory board. Such advisory board may be composed of persons, elements, or groups in the parish or region which the board of commissioners believes will be able to contribute and assist in the task of economic and industrial development. The composition and size of this advisory board and the terms of its members shall be at the discretion of the board of commissioners.

Amended by Acts 1971, No. 155, §1; Acts 1985, No. 420, §1; Acts 1988, No. 867, §1, eff. July 18, 1988; Acts 2022, No. 771, §2; Acts 2024, No. 531, §1, eff. June 10, 2024.

*AS APPEARS IN ENROLLED BILL, BUT SEE §292(A) AND (B) WHICH PROVIDE FOR 12 MEMBERS: HOWEVER (C) PROVIDES FOR 9 MEMBERS.

{{NOTE: SEE ACTS 1988, NO. 867, §2.}}
La. Rev. Stat. § 34:462 — LA Code / Code revised-statutes / Title 34 / Section 462
Domicile
Status: in_force

The domicile of the district shall be the Parish of Jefferson Davis, but offices may be maintained in the City of Jennings, where the secretary may reside and at which shall be kept all the books and records of the district.
La. Rev. Stat. § 34:991 — LA Code / Code revised-statutes / Title 34 / Section 991
Board of River Port Pilot Commissioners; duties, appointment, qualification, and removal of members
Status: in_force

A. There is hereby created the Board of River Port Pilot Commissioners for the Port of New Orleans. The board shall consist of three citizens appointed by the governor, with the consent of the Senate, who presently hold a commission as a river port pilot and such commission has been active for a period of not less than four years. The governor, in appointing the said commissioners, shall designate the president of the board. The commissioners shall serve at the pleasure of the governor. The said commissioners shall take an oath to faithfully perform their duties.

B. The Board of River Port Pilot Commissioners for the Port of Orleans shall:

(1) Formulate rules and regulations pursuant to the Administrative Procedure Act establishing qualifications of river port pilots and providing for the examination and approval of apprenticeship programs for the river port pilots, and to administer the evaluation and examination of river port pilots.

(2) Meet at least quarterly and at all such times as the president of the commission deems necessary.

(3) Formulate rules and regulations pursuant to the Administrative Procedure Act establishing minimum standards of conduct for river port pilots to include neglect of duty, drunkenness, carelessness, habitual intemperance, substance abuse, and incompetency, and make other rules and regulations for the proper and safe pilotage upon the waters covered by this Subpart and for the efficient administration of this Subpart.

(4) Conduct hearings pursuant to the Administrative Procedure Act, including the right to subpoena documents and witnesses pursuant to R.S. 49:975.1, and investigate the violation of any provisions of this Subpart or rules or regulations adopted by the commissioners, and to report all findings and conclusions to the governor, should the board request action by the governor.

(5) Have the authority to impose a fine of not more than five hundred dollars upon any river port pilot, to reprimand or remove from a vessel any river port pilot, or to recommend to the governor that the commission of any river port pilot be suspended or revoked if after a hearing conducted in accordance with the Administrative Procedure Act, a river port pilot is found in violation of any rule or regulation adopted by the Board of River Port Pilot Commissioners. In any event, the Board of River Port Pilot Commissioners shall have the authority also to suspend a river port pilot's commission in accordance with R.S. 49:977.3(C).

(6) Provide to all river port pilots and river port pilot candidates rules and regulations.

C. For purposes of this Subpart and the Administrative Procedure Act only, the term commission shall be used interchangeably with the term license and shall have the same meaning.

Acts 1952, No. 177, §1. Amended by Acts 1960, No. 137, §1; Acts 1986, No. 960, §1.
La. Rev. Stat. § 34:3413 — LA Code / Code revised-statutes / Title 34 / Section 3413
Contents of petition for expropriation; place of filing
Status: in_force

The right of expropriation granted by this Chapter shall be exercised in the following manner:

(1) A petition shall be filed by the plaintiff in the district court of the parish in which the property to be expropriated is situated. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides, but if the owner does not reside in any one of the parishes into which the property extends, the petition may be filed in any one of the parishes. In all such cases, the court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.

(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvements thereon, if any, and the name of the owner if known.

(3) The petition shall have annexed thereto the following:

(a) A notarized statement of the secretary of the department declaring that the taking is necessary or useful for the purposes of this Chapter.

(b) A certificate signed by the department's engineer or, in his absence, his principal assistant, declaring that he has fixed the right of way in a manner sufficient in his judgment to provide for the public interest, safety, and convenience and further declaring that the location and design of the proposed improvements are in accordance with the best modern practices adopted in the interest of the safety and convenience of the public.

(c) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be. It shall be signed by those who made the estimate, showing the capacity in which they acted, and the date on which it was made.

Acts 1987, No. 244, §1.

{{NOTE: SEE ACTS 1987, NO. 244, §2.}}
La. Rev. Stat. § 34:5203 — LA Code / Code revised-statutes / Title 34 / Section 5203
Powers of the district; commission
Status: in_force

A. The district, acting by and through the commission, shall regulate the commerce and traffic within the district in such a manner as may, in its judgment, be in the best interest of the state. Title to all property and improvements thereon operated by the commission shall be in the public and shall vest in the district.

B. The district, acting by and through the commission, shall have and exercise all powers of a political subdivision necessary or convenient for the carrying out of its objects and purposes, including but not limited to the following, and is hereby vested with authority:

(1) To sue and to be sued.

(2) To adopt, use, and alter at will a corporate seal.

(3) To employ such officers, agents, and employees as it deems necessary for the performance of its powers and duties, to prescribe the powers and duties and to fix the compensation of such officers, agents, and employees.

(4) To contract, upon such terms as it may agree upon, for legal, financial, engineering, and other professional services necessary or expedient in the conduct of its affairs.

(5) To enter into contracts for purchase, acquisition, construction, and improvement of public works and facilities necessary in connection with the purposes of the district.

(6) To utilize the services of the executive departments of the state upon mutually agreeable terms and conditions.

(7) To own, construct, acquire, operate, and maintain docks, wharves, landings, elevators, sheds, warehouses, basins, locks, slips, laterals, canals, and all other property, structures, equipment, facilities, and works of public improvement necessary or useful for port, harbor, or terminal purposes.

(8) To maintain proper depths of water at all wharves and landings; to dredge and maintain shipways, channels, slips, basins, and turning basins.

(9) To establish harbor lines, also known as structural limit lines, within the port area by agreement with the Corps of Engineers of the United States.

(10) 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 and those to be erected, owned, and operated by the commission in both intrastate and interstate commerce.

(11) To acquire property, including rights-of-ways, necessary for the benefit and advantage of regulating commerce and traffic within its jurisdiction, by gift, grant, purchase, or expropriation in accordance with the laws of the state, provided that it shall not have the right to expropriate minerals or mineral rights, and that its power to expropriate shall not apply or extend to any existing publicly or privately owned wharf, dock, warehouse, elevator, industrial plant site, industrial structure, or other facility constructed on or adjacent to any navigable waterway, natural or man-made, or to the replacement, improvement, and operation by the owners, lessees, or permittees thereof, or their successors and assigns. Additionally, the district shall not have the right to expropriate land under lease or option to lease on the effective date of this Chapter. Should the properties expropriated under the authority herein conferred cease to be used for the purposes for which they were expropriated, such properties shall revert to the former land owner or his heirs or assigns, provided such land owner or his heirs or assigns shall reimburse the district or commission, or its successor, in the full amount originally paid by the district or commission for such land; to hold and use any franchise or property, immovable, movable, or mixed, corporeal or incorporeal, or any interest therein, necessary or desirable for carrying out the objects and purposes of the district, including but not limited to the establishment, maintenance, and operation of industrial parks, ports, harbors, and terminals.

(12) To acquire by purchase or lease industrial plant sites and necessary property or appurtenances therefor; to acquire or construct industrial plant buildings, with necessary machinery and equipment, within such district.

(13) To receive by gift, grant, donation, or otherwise, any sum of money, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof.

(14) To provide such light, water, police protection, and other services for its facilities within the territorial limits and territorial jurisdiction of the district as it deems advisable.

(15) To establish and charge reasonable fees, rates, tariffs, or other charges for the use of all facilities administered by it and for all services rendered by it.

(16) To charge a reasonable fee to each vessel for the use of its facilities in the port area in ballast or carrying cargo of any kind, provided that it shall not charge any fee, rate, tariff, or other charge to any vessel in ballast or cargo on account of passage through the district unless such vessel or cargo makes use of its facilities or services and shall not by any rule, regulation, or other act require the use of its facilities or services.

(17) To charge for each copy of any certificate issued by it or by any of its officers or employees for inspecting hatches, surveying cargo, or for making other surveys or inspections of vessels in the district, provided it shall furnish, without charge, to the master of each such vessel, one copy of all surveys upon his vessel or cargo.

(18) To make and enter into contracts, leases, and other agreements with railroads, trucking companies, barge lines, and with any and all companies interested in the transportation, storage, and shipping of goods and other products, whether by rail, truck line, barge line, an oceangoing vessel, or otherwise, for the use of facilities administered by the commission or any part or portion thereof, for a period not exceeding forty years, provided that no exclusive franchise shall be granted to any carrier. The commission may lease or sublease for processing, manufacturing, or commercial business purposes any lands or buildings owned, acquired, or leased as lessee by it, which lease may run for any term not exceeding forty years, at a fixed rental, provided that any such lease may run for a term not exceeding ninety-nine years if it contains a clause or clauses for readjustment of the rentals upon the expiration of a primary term of forty years.

(19) In its own name and on its own behalf, to incur debt and to issue revenue bonds, special assessment bonds, certificates, notes, and other evidences of indebtedness, and to levy and cause to be collected certain taxes as provided in this Chapter and as may be provided by general law.

(20) To borrow money and pledge all or part of its revenues, leases, rents, or other advantages as security for such loans.

(21) To do any and all things necessary or proper for the government, regulation, development, and control of the business of the district, provided that the district shall comply with the constitution, laws, and policies of the state of Louisiana, including but not limited to the Public Records Law and the Open Meetings Law, in carrying out its functions and duties.

C. Notwithstanding any provision of this Chapter, the authority, power, and jurisdiction of the Cameron Parish Port, Harbor, and Terminal District is subject to the provisions of R.S. 34:218.

D. 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 2016, No. 331, §1, eff. Jan. 1, 2017.
La. Rev. Stat. § 34:946 — LA Code / Code revised-statutes / Title 34 / Section 946
Members of board of examiners failing to perform duties; removal from office
Status: in_force

Members of the board of examiners failing or refusing to perform their duties as such, may, upon written statement signed by a majority of the commissioned bar pilots stating their cause of complaint, be removed from office by the governor and the vacancy or vacancies filled by the governor as an original appointment.