TITLE 52 WATERS OF THE STATE, PORTS, AND WATERCRAFT

Section 2. Georgia Ports Authority, 52-2-1 through 52-2-39.

ARTICLE 2 RIGHT OF PASSAGE

52-2-9. Powers of authority generally.

The authority shall have the following powers:

1. To have a seal and alter the same at pleasure;
2. To acquire, hold, and dispose of personal property for its corporate purposes;
3. To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this chapter, except from the funds provided under the authority of this chapter. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceeding as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under this chapter upon which any lien or other encumbrance exists unless at the time the property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the lien or encumbrance in full; provided, however, that nothing in this paragraph shall prohibit the authority from acquiring property, real or personal, tangible or intangible, from the Brunswick Port Authority as otherwise authorized under this chapter and the laws of this state; and, if the authority deems it expedient to construct any project on lands the title to which then is in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the Office of the State Treasurer for the credit of the general fund of the state treasury of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairperson of the authority;
4. To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts and attorneys, and to fix their compensation;
5. To make contracts and to execute all instruments necessary or convenient, including contracts for acquisition, construction, and installation of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to make such contracts and leases with the state, state institutions, and departments and agencies of the state; rentals under leases with the state or any department, agency, or institution of the state shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of this state or from any other funds lawfully available;
6. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in paragraph (6) of Code Section 52-2-2, to be located on property owned by the authority, the cost of any such project to be paid from the proceeds of revenue bonds or other obligations of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;
7. To accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose and to comply with such terms and conditions; including but not limited to the power to provide indemnification on behalf of the authority or any other agency or instrumentality of the state if such other agency or instrumentality be an equal participant with the authority as a nonfederal sponsor of a congressionally authorized civil works project for the benefit of the United States of America or any agency or instrumentality thereof, which power has existed since the creation of the authority;
8. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable from earnings of such projects and to provide for the payment of the same and for the rights of the holders thereof;
9. To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state;
10. To do all things necessary or convenient to carry out the powers expressly given in this chapter;
11. To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof in any matter coming within the purposes or powers of the authority;
12. To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
13. To do any and all other acts and things in this chapter authorized or required to be done, whether or not included in the general powers mentioned in this Code section;
14. To receive gifts, donations, or contributions from any person, firm, or corporation;
15. To contract with any municipality or county for the leasing, operation, or management of real or personal property in or adjacent to any seaport of this state;
16. To develop and improve the harbors or seaports of this state for the handling of waterborne commerce from and to any part of this state and other states and foreign countries;
17. To acquire, construct, equip, maintain, develop, and improve said harbors or seaports and their port facilities;
18. To foster and stimulate the shipment of freight and commerce through such ports, whether originating within or without this state, including the investigation and handling of matters pertaining to all transportation rates and rate structures affecting the same;
19. To own, lease, and operate tug boats, locomotives, and any and every kind of character of motive power and conveyances or appliances necessary or proper to carry passengers, goods, wares, merchandise, or articles of commerce in, on, or around its projects;
20. To hold, use, administer, and expend such sum or sums as may hereafter be appropriated by authority of the General Assembly for any of the purposes of the authority;
21. To do any other things necessary or proper to foster or encourage the commerce, domestic or foreign, of the state, of the United States of America, or of the several sister states; and
22. To appoint and select employees designated as security guards who shall have a limited power to make arrests for certain offenses committed on any property under the jurisdiction of the Georgia Ports Authority.

(Ga. L. 1945, p. 464, § 4; Ga. L. 1963, p. 342, § 3; Ga. L. 1976, p. 1640, § 1; Ga. L. 1982, p. 3, § 52; Ga. L. 1988, p. 254, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296; Ga. L. 2010, p. 897, § 3/HB 1060; Ga. L. 2015, p. 1, § 2/SB 5; Ga. L. 2016, p. 864, § 52/HB 737.)

The 2010 amendments. The first 2010 amendment, effective July 1, 2010, substituted "Office of the State Treasurer" for "Office of Treasury and Fiscal Services" in the last sentence of paragraph (3). The second 2010 amendment, effective June 3, 2010, in the last sentence of paragraph (3), substituted "general fund of the state treasury" for "sinking fund of the state" and substituted "chairperson" for "chairman"; in paragraph (5), substituted "acquisition, construction, and installation" for "construction" and added "or from any other funds lawfully available" at the end; and inserted "or other obligations" near the end of paragraph (6).

The 2015 amendment, effective February 23, 2015, added the language following "instrumentality may impose" in paragraph (7).

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (7).