Louisiana § RS 48:2172 - Definitions

§ RS 48:2172. Definitions

Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:

(1)  "Act" means the Louisiana Intrastate Rail Compact Act.

(2)  "Authority" means Louisiana Intrastate Rail Authority.

(3)  "Board" means the board of directors of a compact.

(4)  "Bonds" means bonds, notes, certificates, obligations, or any other evidence of indebtedness or evidence of borrowed money issued or entered into by a compact to finance a project.

(5)  "Compact" means any quasi-governmental entity compact formed by any parish or municipality, or two or more parishes or municipalities, or any combination of parishes and municipalities pursuant to the provisions of this Chapter or any successor thereto.

(6)  "Department" means the Department of Transportation and Development or any successor agency thereto.

(7)  "Municipal-street system project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property or related facilities as part of the rail service program.

(8)  "Parish-related project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property as part of a parish road railway or other transportation system and related facilities to the railway program.

(9)  "Project" means any capital project undertaken pursuant to this Chapter involving the acquisition of real property for, or the acquisition, construction, reconstruction, improvement, extension, installation, development, or equipping of a railway, related facilities, or any portion thereof, including a state-designated passenger rail project.

(10)  "Project costs" means all costs of acquisition and construction; the cost of acquisition of all land, rights-of-way, servitudes, property rights, easements, and interests acquired, or to be acquired, by a compact for such a railway program and related construction; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved; the cost of all machinery and equipment; financing charges, interest charges, interest prior to and during construction; cost of traffic estimates and of engineering and legal expenses; plans, specifications, and surveys; estimates of cost and of revenues; other expenses necessary or incidental to determining the feasibility or practicability of constructing a railway project; administrative expenses and such other expenses as may be necessary or incidental to the construction of a project; the financing of such railway construction and the placing of a rail transport project in operation.  Any obligation or expenses hereafter incurred by the department, with the approval of a compact, for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of a project shall be regarded as part of the cost of the project and shall be reimbursed to the department.

(11)  "Public utility facilities" means tracks, pipes, signals, railroad grade-crossing protection at vehicular crossings, stations, parking facilities mains, conduits, cables, wires, towers, poles, railroads, and other equipment and appliances which are either publicly or privately owned.

(12)  "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface space, and any and all other things and rights usually included within the said term, including any and all interests in such property less than full title, such as easements and servitudes, rights-of-way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, whether permanent or temporary.

(13)  "Revenues" means:

(a)  All income, revenues, and receipts derived or to be derived from a project owned, leased, maintained, operated, or otherwise received by a compact from a project, or from contracts or agreements relating to a project, including but not limited to lease or sublease agreements, sale agreements, security agreements, loan agreements, pledge agreements, or other financing agreements between that compact and any entity, or from any other sources whatsoever.

(b)  Monies generated by way of contract, pledge, donation, or bequest.

(c)  Monies generated by taxes of a public entity which are authorized to be assessed and levied by law.

(14)  "State" means the state of Louisiana.

(15)  "State-designated project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property as part of the state transportation system, including railway projects and related facilities.

(16)  "State transportation system" means all roadways, highways, bridges, or tunnels which constitute the state rail transportation system.

(17)  "Transitway" or "railway" means any fixed guide way facility involving the use of rail or dedicated transit lines.

Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.