Frequently Asked Questions

FAQs

What exactly is a port authority in Ohio?

Historically, port authorities were created to conduct maritime activities. The Ohio enabling statute was passed by the General Assembly in 1955 to promote the development of port facilities capable of taking advantage of the opening of the St. Lawrence Seaway. In the 1970s, airport activities were added to the purposes of Ohio port authorities and, beginning in 1982, Ohio amended its port authority statute numerous times, primarily to permit port authority powers to be used for economic development activities and to be employed cooperatively with state agencies and other political subdivisions.

Is a port authority a governmental entity?

Yes, a port authority is a governmental entity for all purposes, empowered by applicable provisions of Chapter 4582 of the Ohio Revised Code (“Port Act”). A port authority is a “body corporate and politic” and for some purposes a political subdivision, but must be created by local government(s).  Port authorities are each governed by a board of directors appointed by elected officials, and have the responsibilities of a governmental entity including holding public meetings and making its records available for public inspection.

What are port authorities in Ohio authorized to do?

As independent units of government, Ohio port authorities may conduct the traditional water, air and other transportation activities, as well as own property and provide financing for local economic development initiatives. Ohio law defines the “authorized purposes” of a port authority (and provides various powers to port authorities to further those authorized purposes) as follows,

  1. Activities that enhance, foster, aid, provide, or promote transportation, economic development, housing, recreation, education, governmental operations, culture, or research within the jurisdiction of the port authority.
  2. Activities authorized under Sections 13 and 16 of Article VIII, Ohio Constitution (permitting aid to private enterprises to promote economic development and housing in Ohio).

What are the powers of an Ohio port authority?

The broad powers of a port authority make it a useful tool for economic and other development purposes. Under Ohio law,  port authorities are authorized to, among other things:

  • acquire real and personal property;
  • own, lease, sell, and construct improvements to real property;
  • issue revenue bonds for port authority facilities;
  • issue voted general obligation bonds for port authority facilities and other permanent improvements;
  • levy voted taxes for all purposes of the port authority;
  • receive federal and state grants and loans and other public funds;
  • operate transportation, recreation, governmental or cultural facilities, and set rates and charges for use of port authority facilities;
  • cooperate broadly with other governmental agencies and exercise powers delegated by such agencies;
  • accept assignments of TIF service payments and special assessments;
  • maintain confidentiality within statutory limits for private enterprises;
  • establish and operate foreign trade zones;
  • appropriate property for public use, convey or lease property to (and accept or lease from and exchange with) other governmental  units;
  • and straighten, deepen, and improve channels, rivers, streams or other water courses.

Where can I learn more about Ohio port authorities?

Ohio Revised Code Chapter 4582: Port Authorities – http://codes.ohio.gov/orc/4582