CHAPTER 2. PORTS OF INDIANA.CANALS AND STORAGE FACILITIES
IC 8-10-2
Chapter 2. Ports of Indiana.Canals and Storage Facilities
IC 8-10-2-1
Authority for construction or improvement; reimbursement for
damages to public or private facilities
Sec. 1. (a) Except as otherwise provided by this chapter, the
definitions set forth in IC 8-10-1-2 apply throughout this chapter.
(b) In addition to the powers conferred upon the ports of Indiana
by other provisions of this article, the ports of Indiana, in order to
promote the agricultural, industrial, and commercial development of
the state or to provide for the general welfare, and in order to connect
any port under its jurisdiction with any other waterway or as part of
a plan to ultimately connect such port with any other waterway, shall
have the power and is hereby authorized, in cooperation with the
federal government or otherwise, to construct a new canal or canals
or to improve any canal, river, or other waterway, or both, including
but not limited to dredging and all other work required in the design
and construction of shipping channels, canals, and turning basins in
a manner to accommodate water-borne transportation and the
construction of wharves, docks, piers, warehouses, and other
facilities for the unloading of barges and other boats. In exercising
the powers hereby granted, the ports of Indiana shall have only such
powers granted to it by this article in connection with a port project
as may relate to the construction of a new canal or canals or the
improvement of any canal, river, or other waterway, or both, and the
term "port project", as used in this article, shall be deemed to include
the construction of a new canal or canals or the improvement of any
canal, river, or other waterway, or both, including but not limited to
dredging and all other work required in the design and construction
of wharves, docks, piers, warehouses, and other facilities for the
unloading of barges and other boats. However, the ports of Indiana
shall make reimbursement for any actual damage to any public or
private facilities, including but not limited to breakwaters, water
intakes, wharfs, piers, boat docks, warehouses, and pipeline
equipment resulting from such construction and other activities.
Nothing in this section shall authorize the ports of Indiana to take,
condemn, or disturb any property right or interest in property,
existing on March 10, 1967, including permits and authorities to fill
and reclaim submerged lands, or any facilities constituting all or part
of any operating property or any private or public port.
(Formerly: Acts 1967, c.210, s.1.) As amended by P.L.66-1984,
SEC.14; P.L.98-2008, SEC.39.
IC 8-10-2-2
Manufacturing, processing, and recreational facilities; damages to
public or private facilities; reimbursement
Sec. 2. (a) In addition to the powers conferred upon the ports of
Indiana by other provisions of this article, the ports of Indiana,
whenever the ports of Indiana finds that the economic welfare of the
state would thereby be benefited, by additional employment
opportunities, or by additional diversification of industry within the
state, or by increased income or prosperity to the state and its
residents, or for any other reason, shall have the power to acquire,
construct, maintain, repair, police, and lease to others such facilities
for manufacturing, storage, or processing of goods, or for the
carrying on of commercial, business, or recreational activities as the
ports of Indiana further finds will increase the traffic into or out of
the project. Any such facilities and the site thereof shall not be
exempt from property taxation, and the lessee in any lease thereof
shall agree to pay all property taxes levied on such facilities and the
site thereof.
(b) In exercising the powers granted in this section, the ports of
Indiana shall have all the powers granted to it by this article, in
connection with a project, and the term "project", as used in
IC 8-10-1, shall be deemed to include facilities, adjuncts, and
appurtenances of the character referred to in this section.
(c) It is further declared that the acquisition, construction,
maintenance, repair, policing of, and leasing to others of such
facilities under the conditions set forth in this section is a public
purpose.
(d) Nothing in this section shall authorize the ports of Indiana to
take, condemn, or disturb any property right or interest in property,
existing on March 10, 1967, including permits and authorities to fill
and reclaim submerged lands, or any facilities constituting all or part
of any operating property or any private or public port. The ports of
Indiana shall make reimbursement for any actual damage to any
public or private facilities, including but not limited to breakwaters,
water intakes, wharves, piers, boat docks, warehouses, and pipeline
equipment resulting from the exercise by it of any powers granted to
it by this section.
(Formerly: Acts 1967, c.210, s.2.) As amended by P.L.66-1984,
SEC.15; P.L.224-2003, SEC.225 and P.L.271-2003, SEC.25;
P.L.98-2008, SEC.40.
IC 8-10-2-3
Indiana port fund; management and disbursements
Sec. 3. Subject to the approval of the governor, the budget agency,
and the budget committee, the ports of Indiana may, notwithstanding
the provisions of IC 8-10-1-12 or the provisions of any other statute
relating to or appropriating money to the Indiana port fund, expend
moneys without further appropriation than the provisions of this
chapter from the Indiana port fund for the operation and maintenance
of a "port" or "port project" as those terms are defined in this article,
and in connection with the issuance of bonds, may covenant to set
aside and may set aside moneys from the Indiana port fund in a
separate fund or account with a corporate trustee or otherwise to be
applied on the cost of such operation and maintenance.
(Formerly: Acts 1967, c.210, s.3.) As amended by P.L.66-1984,
SEC.16; P.L.98-2008, SEC.41.