2006 Louisiana Laws - RS 34:3473 — Jurisdiction; domicile

§3473.  Jurisdiction; domicile

A.(1)  The Millennium Port Authority shall have only that exclusive jurisdiction as provided herein over the authority development program within the coastal waters of Louisiana, the areas of the state extending seaward thereof to the extent of the state's rights thereto, and over such other waters, water bottoms, wetlands, and lands within the territorial boundaries of the state necessary to effectuate the purposes of this Chapter.

(2)  The jurisdiction of the authority shall not include or extend to the construction of authority development program facilities, taking, control, regulation, licensing or operation of existing, proposed or future public or private facilities, within the jurisdiction of existing port authorities, port, harbor and terminal districts, or the offshore terminal authority, except by mutual written agreement of the appropriate existing port authority, port, harbor and terminal district, or offshore terminal authority.

(3)  Nothing contained in this Chapter shall be construed to affect Louisiana's claim to its tidelands or the location of Louisiana's coastline as interpreted by the state of Louisiana.

(4)  Nothing in this Chapter shall be construed to limit, restrict, or prevent the ability of any other port authority, port harbor and terminal district, or offshore terminal authority, to construct, maintain, operate, expand, or create any facility within its jurisdiction.

B.  The authority shall have the right to acquire by permit, lease, sublease, license, grant, purchase, or otherwise, water bottoms, wetlands, and lands, inside and outside of the territorial limits of the state of Louisiana, for the construction, operation, and maintenance of the facilities functionally required, related, necessary, or useful to the authority development program.  However, when such properties or facilities are located within the jurisdiction of existing port commissions or port, harbor and terminal districts, or the offshore terminal authority, the mutual written agreement of the appropriate existing port commission, port, harbor and terminal district, or offshore terminal authority shall be required.

C.  The authority shall have exclusive power to own, operate, license, or otherwise regulate all terminal facilities within its jurisdiction constructed after July 1, 1999, and property and equipment related to those facilities.

D.  The authority shall have the power to own, construct, operate, lease, and maintain any railroad belt or connecting lines required to be constructed after July 1, 1999, that are necessary or useful to the authority development program.

E.  The domicile of the authority shall be in the city of Baton Rouge and venue shall be in the Nineteenth Judicial District Court, until such time as a site for the millennium port is selected. After the site is selected, the domicile of the authority shall be in the local governmental subdivision where the port is located.

Acts 1999, No. 1225, §1, eff. July 9, 1999.