reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1501. Creation of Lake Providence Port Commission

RS 34:1501 - Creation of Lake Providence Port Commission
A. There is hereby created a commission to be known as the Lake Providence Port Commission, which shall be composed of seven members who shall serve without compensation and who shall be appointed as follows:
(1) Four commissioners appointed by the governing authority of the parish of East Carroll;
(2) Two commissioners shall be appointed by the governing authority of the town of Lake Providence;
(3) One commissioner shall be elected by the appointed commissioners at their initial meeting.
B. The commissioner initially elected by the appointed commissioners and one of the four commissioners initially appointed by the governing authority of the parish of East Carroll, and one of the two commissioners initially appointed by the governing authority of the town of Lake Providence, shall be appointed for a term of two years. One of the four commissioners initially appointed by the governing authority of the parish of East Carroll, and one of the two commissioners initially appointed by the governing authority of the town of Lake Providence shall serve for four years; and the remaining commissioners shall be appointed for a term of six years. Thereafter, the successors to each of such commissioners shall be appointed for terms of six years.
C. Any 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 a taxpayer of the State of Louisiana.
Added by Acts 1958, No. 450, §1. Amended by Acts 1966, No. 446, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1502. Officers of the commission; meetings

RS 34:1502 - Officers of the commission; meetings
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 1958, No. 450, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1505. Prescriptive period; sale of bonds

RS 34:1505 - Prescriptive period; sale of bonds
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.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1506. Right to expropriate

RS 34:1506 - Right to expropriate
The Lake Providence 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 1958, No. 450, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1507. Advertisement; R.S. 43:111 not to apply

RS 34:1507 - Advertisement; R.S. 43:111 not to apply
The prohibition, contained in R.S. 43:111, against advertising in any newspaper, book, pamphlet or periodical, shall not apply to the Lake Providence Port Commission in carrying out its functions and duties under the constitution and laws of this state.
Added by Acts 1958, No. 450, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1508. Industrial properties; authority to acquire, etc.

RS 34:1508 - Industrial properties; authority to acquire, etc.
In order to encourage the location of or addition to industrial enterprises therein and the economic development of its port area, the Lake Providence Port Commission, created and operating in accordance with the provisions of Article VI, Section 33 of the Constitution of the State of Louisiana, may acquire, purchase, construct or improve industrial plant buildings and necessary property, equipment and appurtenances therefor, as a lawful purpose for which its bonds may be issued in the manner and within the limitations provided by said constitutional provision. Such industrial properties are hereby determined to be structures useful for the commerce of the port area as contemplated by said constitutional provision and not inconsistent with the provisions thereof.
Added by Acts 1973, No. 105, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1603.2. Port and harbor police

RS 34:1603.2 - Port and harbor police
A. For purposes of this Section, the board of commissioners for any port district whose territory includes a parish with a population of sixty-eight thousand to seventy-three thousand according to the latest federal decennial census and a parish with a population of fifty-seven thousand to fifty-seven thousand four hundred according to the latest federal decennial census may, in its discretion, appoint, fix salaries of, and pay port and harbor police. The port and harbor police may consist of any number of people of good character and citizens of the state who have completed a course certified by the Council on Peace Officer Standards and Training; however, no member shall be 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 hundred dollars, conditioned on the faithful performance of his duties, and any person injured or damaged by any port or harbor police may sue upon that bond.
C. The port and harbor police provided for in this Section 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 of 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 meeting the requirements of Subsection A of this Section and the return of all warrants or processes served by these officers shall be surrendered or delivered to the criminal sheriff of the parish in which the arrest occurred as determined by location of arrest; provided this shall in no way deprive the sheriff or deputy sheriff in a parish with a population of sixty-eight thousand to seventy-three thousand or fifty-seven thousand to fifty-seven thousand four hundred from making arrests or from serving warrants or process of court in any such place or on any such premises.
E. A commission that meets the requirements of Subsection A of this Section shall adopt 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 the rules and regulations in its discretion.
Acts 2023, No. 441, §1, eff. June 28, 2023.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1605. Right to expropriate

RS 34:1605 - Right to expropriate
The Twin Parish Port District may acquire by expropriation in accordance with the expropriation law of the state of Louisiana any wharves, landings or any other properties necessary for the benefit and advantage of the commerce of the said commission.
Added by Acts 1977, No. 203, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1652.1. Port and harbor police

RS 34:1652.1 - Port and harbor police
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.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1652.2. Ordinances

RS 34:1652.2 - Ordinances
All ordinances enacted by the commissioners, acting as the governing authority of the commission, concerning the territory, jurisdiction and control of the port area, and the proper conduct thereof, shall be enforceable by fine not to exceed five hundred dollars or imprisonment not to exceed six months in the parish jail, or both fine and imprisonment, in the discretion of the court. The commission shall by proper ordinances make rules and regulations for the conduct, management and control of the port, its commerce, traffic and navigation, the waters and landings within its territorial jurisdiction, the structures and other facilities under its administration, and for the government thereof, which the commission may, in its judgment, find to be necessary or proper in the exercise of the powers now conferred upon it by the constitution and statutes of the state of Louisiana, and shall, from time to time, enlarge, modify or change such rules and regulations in its discretion. By such ordinances the commission may, without limitation of such powers granted herein, adopt such rules and regulations with respect to the safety and efficiency of port operations, the protection of property, life and personal safety and welfare of its employees and of the public; the control, use and protection of the landings, docks, wharves, warehouses, equipment and other facilities and improvements and appurtenances thereto, under its administration; the navigation and use of the waters within its jurisdiction; the loading, unloading, transfer or transshipment of cargoes from, to or between all water craft and other vehicles within its jurisdiction; the prevention of interference with and the obstruction of facilities and services necessary or related to the orderly and efficient handling of the commerce and traffic of the port; the protection, removal and disposition of cargoes; and generally with respect to the safety and efficiency of the operations of the port. The Criminal District Court for the Parish of Lafourche shall have jurisdiction of the trial and punishment of all violations of the ordinances passed by the commission committed within the parish of Lafourche.
Added by Acts 1972, No. 22, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1652.3. Private wharves; administration and maintenance

RS 34:1652.3 - Private wharves; administration and maintenance
Riparian owners or their lessees of property along the banks of navigable waterways and the owners or lessees of the bed of any navigable stream, lake, or other body of water within the port area may, with the consent of the commission, and in conformity to plans and specifications approved by the governing authority thereof, erect and maintain on the batture, banks or bed of any navigable stream, lakes or other bodies of water owned or leased by them, such wharves, buildings or improvements as may be required for public or private purposes; but in all cases, such wharves, buildings or improvements shall remain subject to the administration and control of the commission with respect to their maintenance and to the fees and charges to be exacted for their use by the public. The commission may expropriate without compensation any private wharves, landings, buildings or other structures erected by owners or their lessees on such waterways whenever such wharves, landings, buildings or other structures have been erected by the owners or lessees subsequent to Aug. 1, 1972 without first obtaining the consent of the commission for the construction or erection of the same, and its approval of the plans and specifications for their construction or erection. Nothing herein shall apply to the operations of a mineral lessee of the state upon the shores, banks or water bottoms covered by such lease and authorized by the provisions of R.S. 30:172.
Added by Acts 1972, No. 22, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1652.4. Advertisement; exemption

RS 34:1652.4 - Advertisement; exemption
The prohibition, contained in R.S. 43:111, against advertising in any newspaper, book, pamphlet or periodical, shall not apply to the Greater Lafourche Port Commission in carrying out its functions and duties under the constitution and laws of this state.
Added by Acts 1972, No. 22, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1652.5. Authority to enter into agreements with United States

RS 34:1652.5 - Authority to enter into agreements with United States
The commission may enter into an agreement with the United States, with the approval of the governor and/or attorney general, to provide that the construction, maintenance and operation of jetties in the Gulf of Mexico by said commission shall not affect the location of shoreline, coastline or boundaries of the State of Louisiana.
Added by Acts 1974, No. 167, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1654. Prescriptive period; sale of bonds; limitation on interest rates

RS 34:1654 - Prescriptive period; sale of bonds; limitation on interest rates
A. For a period of thirty days from the date of the publication of any resolution of the commission authorizing the issuance of its bonds or notes, any interested person may test the legality of said resolution and the validity of said bonds or notes issued or proposed to be issued thereunder, after which time no one shall have any right or 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 debt 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 thirty days. The newspaper to be used for any such publication shall be a newspaper published in the district, or if no newspaper is published therein, then a newspaper published and having general circulation in Lafourche Parish.
B. 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 at least once a week for not less than thirty days in a newspaper of general circulation within the port area and in a financial newspaper or journal published in New Orleans, New York or Chicago, reserving to the commission the right to reject any and all bids, and the right to readvertise 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.
C. Repealed by Acts 2019, No. 278, §2, eff. June 11, 2019.
Added by Acts 1960, No. 222, §1. Amended by Acts 1963, No. 116, §1; Acts 1967, No. 71, §1; Acts 1968, No. 521, §3; Acts 2019, No. 278, §2, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1655. Right to expropriate

RS 34:1655 - Right to expropriate
The Greater Lafourche Port Commission may acquire by expropriation, in accordance with the expropriation laws of the state, any properties necessary for the construction of port facilities and a deep sea channel, provided, however, that said Port Commission shall not have the right to expropriate minerals or mineral rights, and shall not have the right to expropriate existing facilities. Should the properties expropriated hereunder cease to be used for the purposes for which they were expropriated, such properties shall revert to the original landowner, or his heirs or assigns, provided such landowner, or his heirs or assigns, shall reimburse said Port Commission, or its successor, in the full amount originally paid by the Port Commission for such land.
Added by Acts 1960, No. 222, §1. Amended by Acts 1961, No. 97, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1656. Refunding bonds; issuance

RS 34:1656 - Refunding bonds; issuance
A. Bonds may be issued under authority of this Part or under authority of any other available law for the purpose of refunding all or any part of bonds heretofore or hereafter issued by the commission. The refunding bonds may run for not longer than forty years and may bear interest at not to exceed six per cent per annum, but in all other respects shall have such details and the proceedings authorizing the bonds may contain such provisions as may be determined by the commission, including, but without limitation, provisions as to denomination, maturities, places of payment, registration, convertibility into bonds of other denominations, method of sale and delivery, manner of execution, reservation of options to redeem prior to maturity, and covenants for the security and better marketability of the bonds. No election shall be necessary to the issuance of refunding bonds. Any refunding bonds so issued may be exchanged for the bonds to be refunded or may be sold in such manner as may be determined by the commission or may be sold in part and exchanged in part. If sold, the proceeds thereof may be applied to the payment of the bonds refunded or, as to such bonds as are not yet maturing or redeemable or voluntarily surrendered by the holders thereof, such proceeds may be deposited in escrow to be held until such time as the bonds to be refunded become available for payment, and during such period of escrow may be invested in direct obligations of the United States of America or any of its agencies or in obligations fully guaranteed by the United States of America, in which case such obligations must mature or be payable in advance of maturity at the option of the holder in such manner and must bear interest at such rates as to provide funds which, together with any uninvested money placed in the escrow, will be sufficient to pay when due or called for redemption the bonds refunded, together with interest accrued and to accrue thereon and redemption premiums, if any, and such refunding bonds proceeds or obligations so purchased therewith which, with other funds legally available to the commission for such purpose, may be deposited in escrow with a banking corporation or association doing business in Louisiana which is a member of Federal Deposit Insurance Corporation or any successor thereto. There may be included in the refunding bonds so issued bonds in an amount sufficient to pay interest accrued on the bonds refunded, any redemption premiums to be paid thereon, and expenses to be reasonably incurred in connection with the refunding. Such refunding bonds may be made payable from any or all taxes and other revenue which were or could have been pledged to the payment of the bonds refunded.
Acts 1968, No. 521, §4.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1657. Fees; ad valorem tax, borrowing money

RS 34:1657 - Fees; ad valorem tax, borrowing money
The commission may charge a reasonable fee to each vessel using the port facilities. It may also charge for each copy of any certificate issued by it or its deputies for inspecting hatches, surveying cargoes and the like in regard to vessels using the port facilities in the port area. The master of each vessel shall, however, be furnished free one copy of all surveys upon his vessel or cargo. The commission may, when authorized so to do by a vote of a majority in number and value of the property taxpayers of the district qualified to vote at an election held for the purpose in accordance with law, and for the period of time authorized in said elections, 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 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.
Acts 1968, No. 521, §4.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1658. Bond issues; voted bonds

RS 34:1658 - Bond issues; voted bonds
In addition to those bonds authorized in Section 34:1653 the Commission is further authorized to incur debt and issue negotiable bonds, payable from taxes to be levied on all taxable property in the district, up to ten per cent of the value of the assessed valuation of the property in said district, to acquire lands for the uses of the district and to provide funds for the making and construction of the public works and improvements outlined in this Part, when authorized so to do by a vote of a majority in number and value of the property taxpayers of the district qualified to vote at an election held for the purpose in accordance with law.
The commission may, upon its own initiative, call a special election and submit to the qualified tax paying voters of the district the question of incurring such debt and issuing negotiable bonds. The commission shall call such special election when requested so to do by petition in writing signed by one-fourth of the property taxpayers in number eligible to vote at such election.
All such elections and all proceedings for the issuance and sale of bonds shall be called, held, and conducted in accordance with the laws authorizing and governing elections and authorizing the issuance of bonds for such purposes by other political subdivisions which are authorized to incur debt and issue bonds of like character. The provisions of such laws shall govern and control all elections held hereunder in so far as the same may be applicable thereto.
Acts 1968, No. 521, §4.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1659. Taxes for payment of bonds

RS 34:1659 - Taxes for payment of bonds
The commission shall levy annually on all property situated within the district subject to taxation any special taxes that may be necessary to provide for the payment of principal and interest on the bonds authorized to be issued under this Part, but for bonds issued under R.S. 34:1653, or any bonds issued to refund bonds issued under said section, the aggregate rate of taxation shall not exceed five mills of the dollar.
These special taxes 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; these taxes 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 any taxes within said 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.
Acts 1968, No. 521, §4.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1660. Collection of taxes

RS 34:1660 - Collection of taxes
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 all taxes authorized by this Part. The sheriff and ex officio tax collector for the parish of Lafourche shall make a monthly settlement with the treasurer of the commission 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 auditor of the state. 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 auditor of the state for state taxes. The sheriff and ex officio tax collector shall retain from all taxes collected by him for the district the 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 section the commission shall proceed against him and the sureties on his official bond for the collection of whatever money may be owing to the commission for such special taxes.
Acts 1968, No. 521, §4.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1661. Ad valorem tax

RS 34:1661 - Ad valorem tax
On and after July 29, 1970 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 any or all of the port area. All funds derived under this section shall be used to defray the maintenance and operations costs and expenses.
Notwithstanding any other law to the contrary, the avails of the tax authorized to be levied hereunder shall in no way be pledged prior to the levy thereof as security for any indebtedness whatsoever.
The procedures necessary for the collection and levy of the tax authorized under the provisions of this section may be instituted prior to the actual levy thereof, including the listing of properties necessarily subject to said tax on the tax rolls of the parish.
Until July 29, 1970, no bonds or other evidences of indebtedness whether of interim nature or otherwise shall be issued in any manner by the Greater Lafourche Port Commission pledging directly or indirectly the bonds or other revenues authorized to be issued under the provisions of this section except as follows: The Greater Lafourche Port Commission is hereby authorized to issue certificates of indebtedness provided that the payments to amortize all of said certificates shall not exceed the total sum of fifteen thousand dollars per year pledging directly or indirectly the bonds or other revenues authorized to be issued under the provisions of this section.
Added by Acts 1970, No. 322, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1662. Transportation development

RS 34:1662 - Transportation development
A. Notwithstanding any provision of this Chapter or the Louisiana Transportation Development Act, R.S. 48:2020 et seq., hereafter in this Section, the "Development Act", to the contrary, the commission is hereby deemed to constitute an "authority" with the rights, powers, duties, obligations, and authority granted to an authority under the Development Act. However, the provisions of R.S. 48:2022 shall not apply, and in the exercise of such rights, powers, duties, obligations, and authority, the port commission shall govern the authority.
B. In connection with the exercise of its rights, powers, duties, and obligations as an authority under the Development Act, the commission may contract with any person, partnership, association, or corporation desiring the use of any part of a project, including the right-of-way adjoining the paved portion, for placing thereon telephone, water, fiber optic, telegraph, electric light, or power lines, gas stations, garages, and restaurants, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for such use. Any utilities which are placed within the right-of-way shall be locatable through the one-call system and the utility companies shall place locator strips on any buried object. The contract or lease shall require the removal, at the expense of the lessee, of any utilities or other obstructions placed within the right-of-way when expansion of the toll facility requires such removal. Installation and removal of utility facilities shall be consistent with rules and regulations promulgated by the federal government and the Louisiana Department of Transportation and Development.
C. Additionally, nothing in the Development Act shall be construed as limiting the ability of the commission to condemn any roadway, path, highway, transit way, bridge, tunnel, or other paved surface or structure that is replaced with a project undertaken pursuant to the Development Act.
D. Any debt incurred by the commission to finance a project in accordance with the Development Act shall be excluded from the calculation of debt for the purpose of any debt limitations applicable to the commission.
Acts 2003, No. 105, §1, eff. May 28, 2003.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1701. Creation and territorial limits

RS 34:1701 - Creation and territorial limits
The St. Bernard Port, Harbor and Terminal District, created as a public corporation and political subdivision of the state of Louisiana under the authority of Section 31 of Article XIV of the Constitution of the state of Louisiana for the year 1921, as amended, shall have territorial limits coextensive with the parish of St. Bernard. The territorial limits and territorial jurisdiction of said district shall be the territory, including all lands, waterways, rivers, lakes, and navigable bodies, comprising and lying within the limits and boundaries of St. Bernard Parish. The board of commissioners for the district shall have complete jurisdiction to regulate all 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 is conducted by or through a facility wholly owned by the district.
Added by Acts 1960, No. 228, §1. Amended by Acts 1962, No. 109, §1; Acts 1964, No. 404, §1; Acts 1970, No. 416, §1; Acts 1976, No. 285, §1; Acts 1980, No. 500, §1, eff. Aug. 1, 1980; Acts 1992, No. 40, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1702. Board of commissioners, members; vacancy; compensation; officers, agents and employees

RS 34:1702 - Board of commissioners, members; vacancy; compensation; officers, agents and employees
A. The governing authority of the district is hereby declared to be a board of commissioners consisting of five members who shall be citizens of the United States and qualified voters and taxpayers within the limits of the district during their term of office. The governor shall appoint the five members upon the recommendation of a majority of the legislative delegation from St. Bernard Parish. Each such member shall serve for a term of five years. Each appointment by the governor shall be submitted to the Senate for confirmation.
B. Any vacancy in any original term shall be filled in the same manner as the appointment was originally made, for the unexpired term. Any vacancy occurring due to expiration of the original term shall be filled in the same manner as above provided, for the term of five years.
C. The commissioners shall serve without compensation and shall have the power to organize and reorganize legal, executive, engineering, clerical, and other departments and forces of the board and to fix the duties, powers, and compensation of all officers, agents, and employees under the board.
Added by Acts 1960, No. 228, §1. Amended by Acts 1966, No. 446, §1; Acts 1970, No. 416, §1; Acts 1975, No. 789, §5; Acts 1980, No. 500, §1, eff. Aug. 1, 1980; Acts 2003, No. 774, §9.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1704. Acquisition of private property for levees and drainage

RS 34:1704 - Acquisition of private property for levees and drainage
A. In order to construct, extend, improve, maintain and operate storm tide protection levees, and appurtenant levees and drainage facilities, the board shall have power to acquire by donation, purchase, exchange, expropriation, or appropriation and include in any of its developments and improvements any private property within the following described boundaries, to wit:
(1) That certain area situated in the parish of St. Bernard, Louisiana, lying between the 1500 foot permanent Mississippi River--Gulf Outlet right of way on the north and a parallel line extending 300 feet south of said Gulf Outlet right of way, bounded on the west by Bayou Bienvenue and on the east by Chandeleur Sound; that certain area in the parish of St. Bernard lying between the south or outside base line of the present hydraulic fill retaining levee and a parallel line extending 300 feet north of said south or outside base line of the present hydraulic fill retaining levee, bounded on the west by Bayou Bienvenue and on the east by Chandeleur Sound; and strips or tracts of land not more than 50 feet in width located approximately 1,000 feet apart extending north and south between the two certain areas above described for the purpose of excavating lateral drainage ditches or canals as structures appurtenant to levee drainage, provided that such strips or tracts of land shall be acquired and the drainage ditches or canals shall be excavated on the boundary line of adjoining properties wherever practical.
B. Lands and improvements thereon within the above described area actually used or destroyed and appropriated by the district for the purpose of constructing, acquiring, extending, improving, maintaining or operating the district's levees or appurtenant levees or drainage facilities, shall be paid for at a price not to exceed the assessed value of the preceding year, provided that this shall not apply to property the control of which is vested in the state or any subdivision thereof. This Subsection shall not be construed to prevent the appropriation of such lands and improvements before payment therefor.
C. Any owner, from whom the board acquires any portion of the above described tracts for levees, drainage or other purposes authorized herein, shall continue to have a nonexclusive right to use such property acquired from said owner for the purpose of laying, using and maintaining walkways, roadways and pipelines to and from any adjacent lands which said owner might also own or to and from the said Gulf Outlet subject to such rules and regulations as may be prescribed by the board.
D. The provisions of this Section shall be subject to the limitations of R.S. 34:361.
Added by Acts 1960, No. 228, §1. Amended by Acts 1962, No. 109, §2; Acts 1982, No. 839, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1705. Rights of the board of commissioners

RS 34:1705 - Rights of the board of commissioners
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.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1706. Officers of board; meetings; offices, agents and employees

RS 34:1706 - Officers of board; meetings; offices, agents and employees
The board shall elect from among its own members a president, vice-president, a 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, shall 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 1960, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1707. Annual report

RS 34:1707 - Annual report
The board shall examine and investigate all questions relating to the interest and welfare of the district; it shall control and regulate the same, and make an annual report showing all receipts and disbursements of the board; the number of arrivals and departures of vessels and their tonnage; the export and imports passing through the district; and setting forth the general condition of the district and its buildings, structures, facilities and other properties. A copy of this report shall be promptly published in a newspaper printed in the parish of St. Bernard.
Added by Acts 1960, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1708. Acquisition of lands; public aid

RS 34:1708 - Acquisition of lands; public aid
A. The board is authorized to acquire by purchase, donation, expropriation, appropriation, or otherwise 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 except those pipelines in operation on May 1, 2008. The board may also provide that payments for such lands be made out of 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 Chapter.
C. In addition to its power to acquire such property in the various modes set out hereinabove, the board shall also have power to expropriate property within the district in the same manner applicable to Louisiana State University and Agricultural and Mechanical College and the Department of Transportation and Development under the provisions of R.S. 19:141 et seq.
Added by Acts 1960, No. 228, §1. Amended by Acts 1962, No. 109, §3; Acts 1982, No. 839, §1; Acts 2008, No. 284, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1709. Construction of works of public improvement

RS 34:1709 - Construction of works of public improvement
The board is authorized to make and construct any of the works of public improvement in the district and anything in connection therewith that may be necessary or useful for the business of the board; to purchase machinery or materials and equipment for performing such work, and to supervise the making of the same, or to make and construct such 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 such works of public improvement.
Added by Acts 1960, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1710. Fees; ad valorem tax; borrowing money

RS 34:1710 - Fees; ad valorem tax; borrowing money
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.
The board may, when necessary, levy annually an ad valorem tax not to exceed five mills on the dollar on the property subject to taxation situated in the district. All funds derived under this paragraph shall be used to defray the administrative, operative and maintenance expenses of the board.
The board may likewise borrow money for the said purposes from time to time and issue certificates of indebtedness secured by any fees and the tax, provided that such loan shall in no year exceed the estimated revenues for such year.
Added by Acts 1960, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1711. Revenue and mortgage revenue bonds

RS 34:1711 - Revenue and mortgage revenue bonds
For the purpose of acquiring lands for the uses of the said district and to provide funds for the making and construction of the public works, facilities and improvements outlined in this Chapter, the St. Bernard Port, Harbor and Terminal District is authorized to issue revenue bonds in the manner and subject to the terms and conditions of Sub-Part C, Part I, Chapter 10, Title 33 of the Louisiana Revised Statutes of 1950, as well as mortgage revenue bonds in the manner and subject to the terms and conditions of Sub-Part B, Part I, Chapter 10, Title 33.
Added by Acts 1960, No. 228, §1. Amended by Acts 1964, No. 404, §2.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1714. Annual taxes

RS 34:1714 - Annual taxes
The board 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 1960, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:1715. Collection of taxes

RS 34:1715 - Collection of taxes
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 St. Bernard 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 auditor of the state. 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 delinquencies or deductions in the same manner as though accounting to the auditor of the state for state taxes. The tax collector shall retain from taxes collected by him for the district the 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 Chapter 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 special taxes.
Added by Acts 1960, No. 228, §1.