§ 61-4-11. General powers and duties of Authority.
The Authority, in addition to any and all powers now or hereafter granted to it, is hereby empowered:
(a) To maintain an office at a place or places in the state.
(b) To employ or contract with architects, engineers, attorneys, accountants, construction and financial experts and such other advisors, consultants and agents as may be necessary in its judgment and to fix and pay their compensation.
(c) To make such applications and enter into such contracts for financial assistance as may be appropriate under applicable federal or state law.
(d) To apply for, accept and utilize grants, gifts and other funds or aid from any source for any purpose contemplated by this chapter, and to comply, subject to the provisions of this chapter, with the terms and conditions thereof.
(e) To acquire by purchase, lease, gift, or in other manner other than by eminent domain, or obtain options to acquire, and to own, maintain, use, operate and convey any and all property of any kind, real, personal, or mixed, or any interest or estate therein, (including easements, rights-of-way, air rights or subsurface rights, or a stratified fee estate in a specified volume of land located below, at, or above the surface) within or without the project area, necessary or convenient for the project or any facility related to the project or necessary or convenient for any enhancement offered to secure the siting of the project in the state or for the exercise of the powers granted by this chapter.
(f) To acquire by purchase or lease any public lands and public property, including sixteenth section lands and lieu lands, and including not more than fifteen thousand (15,000) acres of state-owned land at Parchman, Sunflower County, Mississippi, within the project area, which are necessary or convenient for the project. Sixteenth section lands or lieu lands acquired under this chapter shall be deemed to be acquired for the purposes of industrial development thereon and such acquisition will serve a higher public interest in accordance with the purposes of this chapter. With the approval of the Secretary of State and the assistance of the Office of Attorney General, any part of, up to fifteen thousand (15,000) acres of state-owned land at Parchman may either be dedicated for the project, leased or sold to the federal or state government agency or creation thereof for a nominal consideration, or may be managed by the Authority for the purposes specified in this chapter.
(g) To make or cause to be made such examinations and surveys as may be necessary to the planning, design, construction and operation of the project; and for such purpose the Authority, its agents, servants, or any public agency involved in the project selection, design, construction or operation, shall have immediate and full right of entry upon the lands and waters of any person for the purposes of survey and exploration.
(h) From and after the date of notification to the Authority by the federal government agency or creation thereof that the state has been finally selected as the site of the project, with the concurrence of the affected public agency, to acquire by condemnation and to own, maintain, use, operate and convey or otherwise dispose of any and all property of any kind, real, personal or mixed, or any interest or estate therein, (including easements, rights-of-way, air rights or subsurface rights, or a stratified fee estate in a specified volume of land located below, at, or above the surface), within the project area, necessary or convenient for the project or any facility related to the project and the exercise of the powers granted by this chapter, according to the procedures provided by Chapter 27, Title 11, Mississippi Code of 1972, except as modified by this chapter. For the purposes of this chapter, the right of eminent domain shall be superior and dominant to the right of eminent domain of other public agencies and of railroad, telephone, telegraph, gas, power and other companies or corporations and shall extend to public and private lands including sixteenth section lands. The amount and character of interest in land, other property, and easements thus to be acquired shall be determined by the Authority, and its determination shall be conclusive and shall not be subject to attack in the absence of manifest abuse of discretion or fraud on the part of the Authority in making such determination. However,
(i) In acquiring lands by condemnation, the Authority shall not acquire minerals or royalties in minerals unless a competent registered professional engineer shall have certified that the acquisition of such minerals and royalties in minerals is necessary for purposes of the project; provided that limestone, clay, chalk, sand and gravel shall not be considered as minerals within the meaning of this section; and
(ii) Unless minerals or royalties in minerals have been acquired by condemnation or otherwise, no person or persons owning the drilling rights or the right to share in production of minerals shall be prevented from exploring, developing, or producing oil or gas with necessary rights-of-way for ingress and egress, pipelines and other means of transporting interests on any land or interest therein of the Authority held or used for the purposes of this chapter; but any such activities shall be under such reasonable regulation by the Authority as will adequately protect the project contemplated by this chapter as provided in subparagraph (s) of this section. For the purpose of acquiring by condemnation land and easements for the project or any facility related to the project located within the project area, the Authority shall have the right of immediate possession pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of 1972.
(i) In any proceeding in any court which has been or may be instituted by and in the name of the Authority for the acquisition of any land or easement or right-of-way in land for the public use as provided in subparagraph (h) of this section, the Authority may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the Authority, declaring that said lands are thereby taken for the use of the Authority in connection with the location of the project. Said declaration of taking shall contain or have annexed thereto:
(i) A statement of the statutory authority under which and the public use for which said lands are taken.
(ii) A description of the lands taken sufficient for the identification thereof.
(iii) A statement of the estate or interest in said lands taken for said public use.
(iv) A statement of the necessity of the immediate vesting of title in the Authority in order to convey such property to the United States for the use in connection with the project.
(v) A statement of the sum of money estimated by the Authority to be due compensation for the land taken. Upon filing the declaration of taking and of the deposit in the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to such lands in fee simple absolute, or such less estate or interest therein as is specified in the declaration, shall vest in the Authority, and such lands shall be deemed to be condemned and taken for the use of the Authority, and the right to due compensation for the same shall vest in the persons entitled thereto; and compensation shall be ascertained and awarded in the proceeding and established by judgment therein, and the judgment shall include, as part of the due compensation awarded, interest in accordance with law on the amount finally awarded as the value of the property as of the date of taking, from such date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court. No sum so paid into the court shall be charged with commissions or poundage.
Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the due compensation to be awarded in the proceeding. If the compensation finally awarded in respect of such lands, or any parcel thereof, shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the Authority for the amount of the deficiency.
Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. No appeal in any cause under this subparagraph (i) of this section nor any bond or undertaking given therein shall operate to prevent or delay the vesting of title to such lands in the Authority.
(j) With the concurrence of the affected public agency, to construct and maintain or require the necessary relocation or rerouting of roads and highways, railroad, telephone and telegraph lines and properties, electric power lines, pipelines and related facilities, or to require the anchoring or other protection of any of these, provided due compensation is paid to the owners thereof or agreement is had with such owners regarding the payment of the cost of such relocation, and to acquire by condemnation or otherwise easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the facilities being relocated or rerouted in connection with the purposes of this chapter.
(k) To require the necessary relocation of cemeteries and to pay all reasonable costs thereof.
(l) To perform or have performed any and all acts and make all payments necessary to comply with all applicable federal laws, rules or regulations including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, 4602, 4621 to 4638, and 4651 to 4655) and relocation rules and regulations promulgated by the U.S. Department of Transportation.
(m) To construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained and reconstructed, and to use and operate any and all components of the project or any facility related to the project, within the project area, necessary or convenient to the project and to the exercise of such powers, rights and privileges granted the Authority.
(n) To incur or defray any designated portion of the cost of any component of the project or any facility related to the project acquired or constructed by any public agency.
(o) To lease, sell, give, donate, convey or otherwise transfer any or all property acquired by the Authority under the provisions of this chapter to the federal or state government agency or creation thereof, their successors or assigns, and in connection therewith to pay the costs of title search, perfection of title, title insurance and recording fees as may be required. The Authority shall provide in the instrument conveying such property a provision reserving all minerals, other than limestone, clay, chalk, sand and gravel and a provision that such property shall revert to the Authority if, as and when the property is declared by the federal government agency or creation thereof to be no longer needed for the Wayport facility.
(p) To enter into contracts with any person, public agency or political subdivision in furtherance of any of the purposes authorized by this chapter upon such consideration as the Authority and such person, public agency or political subdivision may agree. Any such contract may extend over any period of time, notwithstanding any rule of law to the contrary, may be upon such terms as the parties thereto shall agree. Any such contract shall be binding upon the parties thereto according to its terms. Such contracts may include an agreement to reimburse the federal government agency or creation thereof, its successors and assigns for any assistance provided by the federal government agency or creation thereof in the acquisition of real property for the project or any facility related to the project.
(q) To establish and maintain reasonable rates and charges for the use of any facility within the project area owned or operated by the Authority, and from time to time to adjust such rates and to impose penalties for failure to pay such rates and charges when due.
(r) To make and enforce, and from time to time amend and repeal, rules and regulations for the construction, use, maintenance and operation of any facility related to the project under its management and control and any other of its properties.
(s) To adopt and enforce with the concurrence of the affected public agency all necessary and reasonable rules and regulations to carry out and effectuate the implementation of the project and any land use plan or zoning classification adopted for the project area, including but not limited to rules, regulations, and restrictions concerning mining, construction, excavation or any other activity the occurrence of which may endanger the structure or operation of the project. Such rules may be enforced within the project area and without the project area as necessary to protect the structure and operation of the project. The Authority is authorized to plan or replan, zone or rezone, and make exceptions to any regulations, whether local or state, which are inconsistent with the design, planning, construction or operation of the project and facilities related to the project.
(t) To plan, design, coordinate and implement measures and programs to mitigate impacts on the natural environment caused by the project or any facility related to the project.
(u) To assist any public agency involved with the project design, construction or operation in securing any state or local permits and approval required for the project or any facility related to the project.
(v) To do any and all things necessary or convenient to carry out the Authority's purposes and to exercise the powers given and granted in this chapter.
Sources: Laws, 1989, ch. 535, § 6, eff from and after passage (approved April 17, 1989).
§ 61-4-11. General powers and duties of Authority.
The Authority, in addition to any and all powers now or hereafter granted to it, is hereby empowered:
(a) To maintain an office at a place or places in the state.
(b) To employ or contract with architects, engineers, attorneys, accountants, construction and financial experts and such other advisors, consultants and agents as may be necessary in its judgment and to fix and pay their compensation.
(c) To make such applications and enter into such contracts for financial assistance as may be appropriate under applicable federal or state law.
(d) To apply for, accept and utilize grants, gifts and other funds or aid from any source for any purpose contemplated by this chapter, and to comply, subject to the provisions of this chapter, with the terms and conditions thereof.
(e) To acquire by purchase, lease, gift, or in other manner other than by eminent domain, or obtain options to acquire, and to own, maintain, use, operate and convey any and all property of any kind, real, personal, or mixed, or any interest or estate therein, (including easements, rights-of-way, air rights or subsurface rights, or a stratified fee estate in a specified volume of land located below, at, or above the surface) within or without the project area, necessary or convenient for the project or any facility related to the project or necessary or convenient for any enhancement offered to secure the siting of the project in the state or for the exercise of the powers granted by this chapter.
(f) To acquire by purchase or lease any public lands and public property, including sixteenth section lands and lieu lands, and including not more than fifteen thousand (15,000) acres of state-owned land at Parchman, Sunflower County, Mississippi, within the project area, which are necessary or convenient for the project. Sixteenth section lands or lieu lands acquired under this chapter shall be deemed to be acquired for the purposes of industrial development thereon and such acquisition will serve a higher public interest in accordance with the purposes of this chapter. With the approval of the Secretary of State and the assistance of the Office of Attorney General, any part of, up to fifteen thousand (15,000) acres of state-owned land at Parchman may either be dedicated for the project, leased or sold to the federal or state government agency or creation thereof for a nominal consideration, or may be managed by the Authority for the purposes specified in this chapter.
(g) To make or cause to be made such examinations and surveys as may be necessary to the planning, design, construction and operation of the project; and for such purpose the Authority, its agents, servants, or any public agency involved in the project selection, design, construction or operation, shall have immediate and full right of entry upon the lands and waters of any person for the purposes of survey and exploration.
(h) From and after the date of notification to the Authority by the federal government agency or creation thereof that the state has been finally selected as the site of the project, with the concurrence of the affected public agency, to acquire by condemnation and to own, maintain, use, operate and convey or otherwise dispose of any and all property of any kind, real, personal or mixed, or any interest or estate therein, (including easements, rights-of-way, air rights or subsurface rights, or a stratified fee estate in a specified volume of land located below, at, or above the surface), within the project area, necessary or convenient for the project or any facility related to the project and the exercise of the powers granted by this chapter, according to the procedures provided by Chapter 27, Title 11, Mississippi Code of 1972, except as modified by this chapter. For the purposes of this chapter, the right of eminent domain shall be superior and dominant to the right of eminent domain of other public agencies and of railroad, telephone, telegraph, gas, power and other companies or corporations and shall extend to public and private lands including sixteenth section lands. The amount and character of interest in land, other property, and easements thus to be acquired shall be determined by the Authority, and its determination shall be conclusive and shall not be subject to attack in the absence of manifest abuse of discretion or fraud on the part of the Authority in making such determination. However,
(i) In acquiring lands by condemnation, the Authority shall not acquire minerals or royalties in minerals unless a competent registered professional engineer shall have certified that the acquisition of such minerals and royalties in minerals is necessary for purposes of the project; provided that limestone, clay, chalk, sand and gravel shall not be considered as minerals within the meaning of this section; and
(ii) Unless minerals or royalties in minerals have been acquired by condemnation or otherwise, no person or persons owning the drilling rights or the right to share in production of minerals shall be prevented from exploring, developing, or producing oil or gas with necessary rights-of-way for ingress and egress, pipelines and other means of transporting interests on any land or interest therein of the Authority held or used for the purposes of this chapter; but any such activities shall be under such reasonable regulation by the Authority as will adequately protect the project contemplated by this chapter as provided in subparagraph (s) of this section. For the purpose of acquiring by condemnation land and easements for the project or any facility related to the project located within the project area, the Authority shall have the right of immediate possession pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of 1972.
(i) In any proceeding in any court which has been or may be instituted by and in the name of the Authority for the acquisition of any land or easement or right-of-way in land for the public use as provided in subparagraph (h) of this section, the Authority may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the Authority, declaring that said lands are thereby taken for the use of the Authority in connection with the location of the project. Said declaration of taking shall contain or have annexed thereto:
(i) A statement of the statutory authority under which and the public use for which said lands are taken.
(ii) A description of the lands taken sufficient for the identification thereof.
(iii) A statement of the estate or interest in said lands taken for said public use.
(iv) A statement of the necessity of the immediate vesting of title in the Authority in order to convey such property to the United States for the use in connection with the project.
(v) A statement of the sum of money estimated by the Authority to be due compensation for the land taken. Upon filing the declaration of taking and of the deposit in the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to such lands in fee simple absolute, or such less estate or interest therein as is specified in the declaration, shall vest in the Authority, and such lands shall be deemed to be condemned and taken for the use of the Authority, and the right to due compensation for the same shall vest in the persons entitled thereto; and compensation shall be ascertained and awarded in the proceeding and established by judgment therein, and the judgment shall include, as part of the due compensation awarded, interest in accordance with law on the amount finally awarded as the value of the property as of the date of taking, from such date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court. No sum so paid into the court shall be charged with commissions or poundage.
Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the due compensation to be awarded in the proceeding. If the compensation finally awarded in respect of such lands, or any parcel thereof, shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the Authority for the amount of the deficiency.
Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. No appeal in any cause under this subparagraph (i) of this section nor any bond or undertaking given therein shall operate to prevent or delay the vesting of title to such lands in the Authority.
(j) With the concurrence of the affected public agency, to construct and maintain or require the necessary relocation or rerouting of roads and highways, railroad, telephone and telegraph lines and properties, electric power lines, pipelines and related facilities, or to require the anchoring or other protection of any of these, provided due compensation is paid to the owners thereof or agreement is had with such owners regarding the payment of the cost of such relocation, and to acquire by condemnation or otherwise easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the facilities being relocated or rerouted in connection with the purposes of this chapter.
(k) To require the necessary relocation of cemeteries and to pay all reasonable costs thereof.
(l) To perform or have performed any and all acts and make all payments necessary to comply with all applicable federal laws, rules or regulations including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, 4602, 4621 to 4638, and 4651 to 4655) and relocation rules and regulations promulgated by the U.S. Department of Transportation.
(m) To construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained and reconstructed, and to use and operate any and all components of the project or any facility related to the project, within the project area, necessary or convenient to the project and to the exercise of such powers, rights and privileges granted the Authority.
(n) To incur or defray any designated portion of the cost of any component of the project or any facility related to the project acquired or constructed by any public agency.
(o) To lease, sell, give, donate, convey or otherwise transfer any or all property acquired by the Authority under the provisions of this chapter to the federal or state government agency or creation thereof, their successors or assigns, and in connection therewith to pay the costs of title search, perfection of title, title insurance and recording fees as may be required. The Authority shall provide in the instrument conveying such property a provision reserving all minerals, other than limestone, clay, chalk, sand and gravel and a provision that such property shall revert to the Authority if, as and when the property is declared by the federal government agency or creation thereof to be no longer needed for the Wayport facility.
(p) To enter into contracts with any person, public agency or political subdivision in furtherance of any of the purposes authorized by this chapter upon such consideration as the Authority and such person, public agency or political subdivision may agree. Any such contract may extend over any period of time, notwithstanding any rule of law to the contrary, may be upon such terms as the parties thereto shall agree. Any such contract shall be binding upon the parties thereto according to its terms. Such contracts may include an agreement to reimburse the federal government agency or creation thereof, its successors and assigns for any assistance provided by the federal government agency or creation thereof in the acquisition of real property for the project or any facility related to the project.
(q) To establish and maintain reasonable rates and charges for the use of any facility within the project area owned or operated by the Authority, and from time to time to adjust such rates and to impose penalties for failure to pay such rates and charges when due.
(r) To make and enforce, and from time to time amend and repeal, rules and regulations for the construction, use, maintenance and operation of any facility related to the project under its management and control and any other of its properties.
(s) To adopt and enforce with the concurrence of the affected public agency all necessary and reasonable rules and regulations to carry out and effectuate the implementation of the project and any land use plan or zoning classification adopted for the project area, including but not limited to rules, regulations, and restrictions concerning mining, construction, excavation or any other activity the occurrence of which may endanger the structure or operation of the project. Such rules may be enforced within the project area and without the project area as necessary to protect the structure and operation of the project. The Authority is authorized to plan or replan, zone or rezone, and make exceptions to any regulations, whether local or state, which are inconsistent with the design, planning, construction or operation of the project and facilities related to the project.
(t) To plan, design, coordinate and implement measures and programs to mitigate impacts on the natural environment caused by the project or any facility related to the project.
(u) To assist any public agency involved with the project design, construction or operation in securing any state or local permits and approval required for the project or any facility related to the project.
(v) To do any and all things necessary or convenient to carry out the Authority's purposes and to exercise the powers given and granted in this chapter.
Sources: Laws, 1989, ch. 535, § 6, eff from and after passage (approved April 17, 1989).
§ 61-4-11. General powers and duties of Authority.
The Authority, in addition to any and all powers now or hereafter granted to it, is hereby empowered:
(a) To maintain an office at a place or places in the state.
(b) To employ or contract with architects, engineers, attorneys, accountants, construction and financial experts and such other advisors, consultants and agents as may be necessary in its judgment and to fix and pay their compensation.
(c) To make such applications and enter into such contracts for financial assistance as may be appropriate under applicable federal or state law.
(d) To apply for, accept and utilize grants, gifts and other funds or aid from any source for any purpose contemplated by this chapter, and to comply, subject to the provisions of this chapter, with the terms and conditions thereof.
(e) To acquire by purchase, lease, gift, or in other manner other than by eminent domain, or obtain options to acquire, and to own, maintain, use, operate and convey any and all property of any kind, real, personal, or mixed, or any interest or estate therein, (including easements, rights-of-way, air rights or subsurface rights, or a stratified fee estate in a specified volume of land located below, at, or above the surface) within or without the project area, necessary or convenient for the project or any facility related to the project or necessary or convenient for any enhancement offered to secure the siting of the project in the state or for the exercise of the powers granted by this chapter.
(f) To acquire by purchase or lease any public lands and public property, including sixteenth section lands and lieu lands, and including not more than fifteen thousand (15,000) acres of state-owned land at Parchman, Sunflower County, Mississippi, within the project area, which are necessary or convenient for the project. Sixteenth section lands or lieu lands acquired under this chapter shall be deemed to be acquired for the purposes of industrial development thereon and such acquisition will serve a higher public interest in accordance with the purposes of this chapter. With the approval of the Secretary of State and the assistance of the Office of Attorney General, any part of, up to fifteen thousand (15,000) acres of state-owned land at Parchman may either be dedicated for the project, leased or sold to the federal or state government agency or creation thereof for a nominal consideration, or may be managed by the Authority for the purposes specified in this chapter.
(g) To make or cause to be made such examinations and surveys as may be necessary to the planning, design, construction and operation of the project; and for such purpose the Authority, its agents, servants, or any public agency involved in the project selection, design, construction or operation, shall have immediate and full right of entry upon the lands and waters of any person for the purposes of survey and exploration.
(h) From and after the date of notification to the Authority by the federal government agency or creation thereof that the state has been finally selected as the site of the project, with the concurrence of the affected public agency, to acquire by condemnation and to own, maintain, use, operate and convey or otherwise dispose of any and all property of any kind, real, personal or mixed, or any interest or estate therein, (including easements, rights-of-way, air rights or subsurface rights, or a stratified fee estate in a specified volume of land located below, at, or above the surface), within the project area, necessary or convenient for the project or any facility related to the project and the exercise of the powers granted by this chapter, according to the procedures provided by Chapter 27, Title 11, Mississippi Code of 1972, except as modified by this chapter. For the purposes of this chapter, the right of eminent domain shall be superior and dominant to the right of eminent domain of other public agencies and of railroad, telephone, telegraph, gas, power and other companies or corporations and shall extend to public and private lands including sixteenth section lands. The amount and character of interest in land, other property, and easements thus to be acquired shall be determined by the Authority, and its determination shall be conclusive and shall not be subject to attack in the absence of manifest abuse of discretion or fraud on the part of the Authority in making such determination. However,
(i) In acquiring lands by condemnation, the Authority shall not acquire minerals or royalties in minerals unless a competent registered professional engineer shall have certified that the acquisition of such minerals and royalties in minerals is necessary for purposes of the project; provided that limestone, clay, chalk, sand and gravel shall not be considered as minerals within the meaning of this section; and
(ii) Unless minerals or royalties in minerals have been acquired by condemnation or otherwise, no person or persons owning the drilling rights or the right to share in production of minerals shall be prevented from exploring, developing, or producing oil or gas with necessary rights-of-way for ingress and egress, pipelines and other means of transporting interests on any land or interest therein of the Authority held or used for the purposes of this chapter; but any such activities shall be under such reasonable regulation by the Authority as will adequately protect the project contemplated by this chapter as provided in subparagraph (s) of this section. For the purpose of acquiring by condemnation land and easements for the project or any facility related to the project located within the project area, the Authority shall have the right of immediate possession pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of 1972.
(i) In any proceeding in any court which has been or may be instituted by and in the name of the Authority for the acquisition of any land or easement or right-of-way in land for the public use as provided in subparagraph (h) of this section, the Authority may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the Authority, declaring that said lands are thereby taken for the use of the Authority in connection with the location of the project. Said declaration of taking shall contain or have annexed thereto:
(i) A statement of the statutory authority under which and the public use for which said lands are taken.
(ii) A description of the lands taken sufficient for the identification thereof.
(iii) A statement of the estate or interest in said lands taken for said public use.
(iv) A statement of the necessity of the immediate vesting of title in the Authority in order to convey such property to the United States for the use in connection with the project.
(v) A statement of the sum of money estimated by the Authority to be due compensation for the land taken. Upon filing the declaration of taking and of the deposit in the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to such lands in fee simple absolute, or such less estate or interest therein as is specified in the declaration, shall vest in the Authority, and such lands shall be deemed to be condemned and taken for the use of the Authority, and the right to due compensation for the same shall vest in the persons entitled thereto; and compensation shall be ascertained and awarded in the proceeding and established by judgment therein, and the judgment shall include, as part of the due compensation awarded, interest in accordance with law on the amount finally awarded as the value of the property as of the date of taking, from such date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court. No sum so paid into the court shall be charged with commissions or poundage.
Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the due compensation to be awarded in the proceeding. If the compensation finally awarded in respect of such lands, or any parcel thereof, shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the Authority for the amount of the deficiency.
Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. No appeal in any cause under this subparagraph (i) of this section nor any bond or undertaking given therein shall operate to prevent or delay the vesting of title to such lands in the Authority.
(j) With the concurrence of the affected public agency, to construct and maintain or require the necessary relocation or rerouting of roads and highways, railroad, telephone and telegraph lines and properties, electric power lines, pipelines and related facilities, or to require the anchoring or other protection of any of these, provided due compensation is paid to the owners thereof or agreement is had with such owners regarding the payment of the cost of such relocation, and to acquire by condemnation or otherwise easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the facilities being relocated or rerouted in connection with the purposes of this chapter.
(k) To require the necessary relocation of cemeteries and to pay all reasonable costs thereof.
(l) To perform or have performed any and all acts and make all payments necessary to comply with all applicable federal laws, rules or regulations including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, 4602, 4621 to 4638, and 4651 to 4655) and relocation rules and regulations promulgated by the U.S. Department of Transportation.
(m) To construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained and reconstructed, and to use and operate any and all components of the project or any facility related to the project, within the project area, necessary or convenient to the project and to the exercise of such powers, rights and privileges granted the Authority.
(n) To incur or defray any designated portion of the cost of any component of the project or any facility related to the project acquired or constructed by any public agency.
(o) To lease, sell, give, donate, convey or otherwise transfer any or all property acquired by the Authority under the provisions of this chapter to the federal or state government agency or creation thereof, their successors or assigns, and in connection therewith to pay the costs of title search, perfection of title, title insurance and recording fees as may be required. The Authority shall provide in the instrument conveying such property a provision reserving all minerals, other than limestone, clay, chalk, sand and gravel and a provision that such property shall revert to the Authority if, as and when the property is declared by the federal government agency or creation thereof to be no longer needed for the Wayport facility.
(p) To enter into contracts with any person, public agency or political subdivision in furtherance of any of the purposes authorized by this chapter upon such consideration as the Authority and such person, public agency or political subdivision may agree. Any such contract may extend over any period of time, notwithstanding any rule of law to the contrary, may be upon such terms as the parties thereto shall agree. Any such contract shall be binding upon the parties thereto according to its terms. Such contracts may include an agreement to reimburse the federal government agency or creation thereof, its successors and assigns for any assistance provided by the federal government agency or creation thereof in the acquisition of real property for the project or any facility related to the project.
(q) To establish and maintain reasonable rates and charges for the use of any facility within the project area owned or operated by the Authority, and from time to time to adjust such rates and to impose penalties for failure to pay such rates and charges when due.
(r) To make and enforce, and from time to time amend and repeal, rules and regulations for the construction, use, maintenance and operation of any facility related to the project under its management and control and any other of its properties.
(s) To adopt and enforce with the concurrence of the affected public agency all necessary and reasonable rules and regulations to carry out and effectuate the implementation of the project and any land use plan or zoning classification adopted for the project area, including but not limited to rules, regulations, and restrictions concerning mining, construction, excavation or any other activity the occurrence of which may endanger the structure or operation of the project. Such rules may be enforced within the project area and without the project area as necessary to protect the structure and operation of the project. The Authority is authorized to plan or replan, zone or rezone, and make exceptions to any regulations, whether local or state, which are inconsistent with the design, planning, construction or operation of the project and facilities related to the project.
(t) To plan, design, coordinate and implement measures and programs to mitigate impacts on the natural environment caused by the project or any facility related to the project.
(u) To assist any public agency involved with the project design, construction or operation in securing any state or local permits and approval required for the project or any facility related to the project.
(v) To do any and all things necessary or convenient to carry out the Authority's purposes and to exercise the powers given and granted in this chapter.
Sources: Laws, 1989, ch. 535, § 6, eff from and after passage (approved April 17, 1989).
