Page:United States Statutes at Large Volume 45 Part 1.djvu/1542

 SEVENTIETH CONGRESS. SEss. II. Cu. 506 . 1929 . 1491 and take ove r al l ri ght, tit le, and inte rest in such bri dge and its approaches, and any interest in real property necessary therefor, by cond emna tion p ro- purchase or by condemnation or expropriation, in accordance with ceedings. the laws of such State governing the acquisition of private property for public purposes by condemnation or expropriation. If at any Compensation if ac- cluired by condemns- time after the expiration of five years after the completion of such tion. bridge the sam e is acquired by condemnat ion or expropr iation, the amount of dama ges or compen sation to be 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 constr ucting such Limitations. bridge and its approaches, less a reason able deduction for actual depreciation in value ; (2) the actual cost of acquiring such interests in r ea l pr op er ty ; (3) actual f inancing and promotion cos t, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real prop- erty ; and (4) actual expenditures for necessary improvements. SEC. 3 . If such bridge shall at any time be taken over or acquired etc .olls under State, by the State of Maryland, or by an municipality or other political subdivision or public agency thereof, under the provisions of section 2 of this Act, and if tolls are thereafter charged for the use thereof, Rates applied to op. the rates of toll shall be so adjusted as to provide a fund sufficient eration, sinking fund, to pay for the reasonable cost of maintaining, repairing, and oper- ating, the bridge and its approaches under economical management and to provide a sinking fund sufficient 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 exc eed tw ent yy ears from the date of acquiring uiring the same. After Maintenance as free bridge, etc., after amore a sinking fund sufficient for such amortization shall have been so tilin g costs. pro vided, such b ridge shall t hereafter be m aintained 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 maintenance, repair, and operation of the bridge and its a pproac hes management. receipts. tares and recei the amount paid for acquiring the bridge and its approaches, the actual expendi tures for mai ntaining, rep airing, and op erating the same, and of the daily tolls collected shall be kept and shall be avail- able for the information of all persons interested. SEC. 4. Walter J. Mitchell, his heirs, legal representatives, and Sworn statement of construction costs, etc ., assigns, shall, within ninety days after the completion of such bridge, to be filed after comple- fil e with the Se cretary of Wa r and with the highway depa rtment of t'en. t he Sta te of Maryla nd, a sworn itemi zed s tateme nt sho wing t he 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 costs. The Secre- re wryni `item by Sec- tary of War may, and at the request of the highway department of the State of Maryland shall at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation the said Walter J. Mitchell, his heirs, legal representatives, and assigns, shall make available all of his records in connection with the construction, financing and pro- motion thereof. The findings of the Secretary of War as to the coFin i e sofSecretary reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 2 of this Act, subject only to review in a court of equity for fraud or gross mistake.

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