Title 48 — Public Buildings

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Build, operate, and transfer facility" means a build, operate, and transfer fee-based facility constructed, improved, or rehabilitated and afterward operated by a private operator who holds titl…

Notwithstanding any other provision of law, private operators may construct, improve, rehabilitate, own, lease, manage, and operate fee-based facilities subject to the terms of this chapter. Private operators may mortgage, grant security interests in, and pledge their interests i…

A public authority may solicit or accept proposals from private operators for the constructing, improving, rehabilitating, operating, managing, and owning of a fee-based facility that will be situated in an area subject to the public authority's jurisdiction. After a hearing, the…

A development agreement for a fee-based facility entered into pursuant to this chapter may provide for private ownership of the facility without reversion of title; for operating the facility under lease or management contract; for build, operate, and transfer facilities or build…

Private operators may acquire right of way and property by donation, lease, or purchase. When necessary for the construction, alteration, addition, extension, or improvement of any project under this chapter, a public authority may acquire, subject to chapter 32-15, any real or p…

A lease for public facilities must be for terms of no more than fifty years and must be reviewed and may be revised every five years.

This chapter does not excuse private operators of fee-based facilities from the necessity of obtaining environmental, navigational, design, or safety approvals that would be required if the facility were constructed or operated by a public body.

1. A public authority may exercise any power possessed by it with respect to the development and construction of infrastructure projects to facilitate the development and construction of infrastructure projects under this chapter. 2. A public authority may provide services for wh…

A development agreement must require: 1. That the plans and specifications for the fee-based facility satisfy the public authority's standards of construction for infrastructure of the same functional classification; 2. For fee-based facilities to be incorporated into the existin…

Development agreements entered into under this chapter may authorize private operators of fee-based facilities to impose a fee-based charge for the use of the facility and must require that the fee revenues be applied: 1. To repayment of indebtedness incurred for the fee-based fa…

When a fee-based facility is or will be situated in the jurisdiction of more than one public authority, or is or will be an interstate or international facility, the applicable authorities concerned may enter into a compact to delegate to one or more of the authorities or a board…

1. If approved by the governing body of the city, for property within city limits, or by the governing body of the county, for property outside city limits, new fee-based facilities are exempt from all ad valorem taxes. 2. For portions of the project that do not involve contracto…

The rights, powers, and authority conferred by this chapter are in addition to other rights, powers, or authority private operators and public authorities may have under other law. This chapter does not supersede or repeal, expressly or by implication, any other law permitting th…