Page:United States Statutes at Large Volume 45 Part 1.djvu/1033

 982 SEVENTIETH CONG RESS. SEss. I. CH. 893. 1928 . ulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations con- tained in this Act . Acquisition author- ized, after SEC. 2. After the completion of such bridge, as determined by the comp letio n, by West Virginia, etc. Secretary of War, either the State of West Virginia, any political subdivision thereof within or adjoining which any part of such bridge is located, or any two or more of them j ointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of such State governing the acquisition of private property for public purposes by condemnation or exp ro- Compens ation, if ac - pri ation . If at any time after the expiration of twenty years after qued by condemns- 1c. the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be Lim itat ions. allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value ; (2) the actual cost of acquiring such interests in real property ; (3) actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such in tere sts i n re al pr oper ty ; and (4) actual expendit ures for necessa ry Tolls, under state, improvements. etc., operation . SEC. 3 . If such bridge shall at any time be taken over or acquired by the State of West Virginia, or by any municipality or other pol itical s ubdivisi on or pu blic age ncy ther eof, und er the p rovision s Rates applied to op- of section 2 of this Act ; and, if tolls are thereafter charged for the eration, sinking fund, use thereof, the rates of toll shall be so adjusted as to provide a fund et c' sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical manage- ment ; and to provide a sinking fund to amortize the amount paid therefor, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to bridge Ma i, etc ., etnance after as amor- fre e exceed twenty years from the date of acquiring the sam e. After a tizi ng c osts, sink ing fund ufficie nt for su ch amort ization shall ha ve been so pro- vided such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintena_ . e, repair, and operation of the bridge and its Record of eXpendi- approaches under economical management. An accurate record of Lures and receipts. the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept, and shall be available for the information of all persons interested. construction costs, etc ., Sworn construction of SEC. 4 . The Baltimore Gas Engineering Corporation, its successors to be&led after comple- ti on and assigns, shall, within ninety days after the completion of such . bridge, file with the Secretary of War and with the high way department of the State of West Virginia, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion Investigation b y see- retary of War. co r sts. The Secretary of War may, and at the request of the highway department of the State of West Virginia shall, at any time, within three years after the completion of such bridge, investigate such cost s and de termine the accur acy and the reas onablene ss of th e costs alle ged in t he state ment of c osts so filed, a nd shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge ; for the purpose of such investigation the

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