IC 8-10-2
    Chapter 2. Ports of Indiana.Canals and Storage Facilities

IC 8-10-2-1
Authority for construction or improvement; reimbursement fordamages to public or private facilities
    Sec. 1. (a) Except as otherwise provided by this chapter, thedefinitions set forth in IC 8-10-1-2 apply throughout this chapter.
    (b) In addition to the powers conferred upon the ports of Indianaby other provisions of this article, the ports of Indiana, in order topromote the agricultural, industrial, and commercial development ofthe state or to provide for the general welfare, and in order to connectany port under its jurisdiction with any other waterway or as part ofa plan to ultimately connect such port with any other waterway, shallhave the power and is hereby authorized, in cooperation with thefederal government or otherwise, to construct a new canal or canalsor to improve any canal, river, or other waterway, or both, includingbut not limited to dredging and all other work required in the designand construction of shipping channels, canals, and turning basins ina manner to accommodate water-borne transportation and theconstruction of wharves, docks, piers, warehouses, and otherfacilities for the unloading of barges and other boats. In exercisingthe powers hereby granted, the ports of Indiana shall have only suchpowers granted to it by this article in connection with a port projectas may relate to the construction of a new canal or canals or theimprovement of any canal, river, or other waterway, or both, and theterm "port project", as used in this article, shall be deemed to includethe construction of a new canal or canals or the improvement of anycanal, river, or other waterway, or both, including but not limited todredging and all other work required in the design and constructionof wharves, docks, piers, warehouses, and other facilities for theunloading of barges and other boats. However, the ports of Indianashall make reimbursement for any actual damage to any public orprivate facilities, including but not limited to breakwaters, waterintakes, wharfs, piers, boat docks, warehouses, and pipelineequipment 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 filland reclaim submerged lands, or any facilities constituting all or partof 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 topublic or private facilities; reimbursement
    Sec. 2. (a) In addition to the powers conferred upon the ports ofIndiana 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 employmentopportunities, or by additional diversification of industry within thestate, or by increased income or prosperity to the state and itsresidents, or for any other reason, shall have the power to acquire,construct, maintain, repair, police, and lease to others such facilitiesfor manufacturing, storage, or processing of goods, or for thecarrying on of commercial, business, or recreational activities as theports of Indiana further finds will increase the traffic into or out ofthe project. Any such facilities and the site thereof shall not beexempt from property taxation, and the lessee in any lease thereofshall agree to pay all property taxes levied on such facilities and thesite thereof.
    (b) In exercising the powers granted in this section, the ports ofIndiana shall have all the powers granted to it by this article, inconnection with a project, and the term "project", as used inIC 8-10-1, shall be deemed to include facilities, adjuncts, andappurtenances 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 suchfacilities under the conditions set forth in this section is a publicpurpose.
    (d) Nothing in this section shall authorize the ports of Indiana totake, condemn, or disturb any property right or interest in property,existing on March 10, 1967, including permits and authorities to filland reclaim submerged lands, or any facilities constituting all or partof any operating property or any private or public port. The ports ofIndiana shall make reimbursement for any actual damage to anypublic or private facilities, including but not limited to breakwaters,water intakes, wharves, piers, boat docks, warehouses, and pipelineequipment resulting from the exercise by it of any powers granted toit 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, notwithstandingthe provisions of IC 8-10-1-12 or the provisions of any other statuterelating to or appropriating money to the Indiana port fund, expendmoneys without further appropriation than the provisions of thischapter from the Indiana port fund for the operation and maintenanceof a "port" or "port project" as those terms are defined in this article,and in connection with the issuance of bonds, may covenant to setaside and may set aside moneys from the Indiana port fund in aseparate fund or account with a corporate trustee or otherwise to beapplied 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.