Title 42, Chapter 3, Section 5
( 42-3-5)
The authority shall have the power: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold,
lease, and dispose of real and personal property of every kind and
character for its corporate purposes; (3) To acquire in its own name real property or rights of easement
therein or franchises necessary or convenient for its corporate
purposes by purchase, on such terms and conditions and in such
manner as it may deem proper, or by condemnation in accordance
with any and all laws applicable to the condemnation of property
for public use; to use the property 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 property in any manner
it deems to the best advantage of the authority, the authority
being 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 as may be just to the authority and to the owners of the
property to be condemned may be made by the court having
jurisdiction of the proceedings. No property upon which any lien
or other encumbrance exists shall be acquired under this chapter
unless, at the time the property is so acquired, a sufficient sum
of money is deposited in trust to pay and redeem the fair value of
the lien or encumbrance. If the authority deems it expedient to
construct any project on lands which are a part of the campus,
grounds, or any other real estate holdings of a unit of the penal,
correctional, or rehabilitation facilities of the state, the
Governor is authorized to execute, for and on behalf of the state,
a lease to the authority upon the lands for such parcel or parcels
as shall be needed for a period not to exceed 50 years. If the
authority deems it expedient to construct any project on any other
lands, the title to which is then in the state, the Governor is
authorized to convey, for and on behalf of the state, title to the
lands for the authority as part of the consideration for the
construction and financing of the project by the authority; (4) To appoint and select officers, agents, and employees,
including engineering, architectural, and construction experts,
fiscal agents, and attorneys, and to fix their compensation; (5) To make contracts and leases and to execute all instruments
necessary or convenient, including contracts for the construction
of projects and leases of projects or contracts with respect to
the use of projects which it causes to be erected or acquired. Any
and all political subdivisions, departments, institutions, or
agencies of the state are authorized to enter into contracts,
leases, or agreements with the authority upon such terms and for
such purposes as they deem advisable. Without limiting the
generality of the above, authority is specifically granted to the
Department of Corrections, for and on behalf of the units and
institutions under its control, and to the authority to enter into
contracts and lease agreements for the use of any structure,
building, or facilities of the authority for a term not exceeding
50 years. The Department of Corrections, for and on behalf of any
unit or institution or combination of units or institutions, may
obligate itself to pay an agreed sum for the use of the property
so leased and may also obligate itself, as part of the lease
contract, to pay the cost of maintaining, repairing, and operating
the property so leased from the authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in paragraph (4) of Code Section 42-3-2, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States government or any agency or instrumentality thereof; (7) To accept loans or grants of money or materials or property of
any kind from the United States government or any agency or
instrumentality thereof, upon such terms and conditions as the
United States government or the agency or instrumentality may
impose; (8) To borrow money for any of its corporate purposes and to issue
negotiable bonds payable solely from funds pledged for that
purpose 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; and (10) To do all things necessary or convenient to carry out the
powers expressly given in this chapter. |