Page:United States Statutes at Large Volume 45 Part 1.djvu/170

 SEVENTIETH CONGRESS. SEss. I. CH. 86. 1928 . 119 CHAP. 86.-An Act Authorizing the Ashland Bridge Company, its sue- February 16, 1928. cessars an d assigns, to constr uct, maintain, and o perate a bridge across the [H . R.473.] Ohio River at or near Ashland, Kentucky. [Public, No. 60 .] Be it enacted by the Senate and Home o f Representatives o f the United States o f American in Congress assembled, That in order Ohio River. to facilitate interstate commerce, improve the postal service, and c Ashland Bridge may bridge, pr ovide for mili tary and o ther purp oses, the Ashl and B ridge Com - at Ashland, Ky. pany, its successors and assigns, be and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point suitable to the interests of naviga- tion, at or near the city limits of Ashland, Kentucky, and a point opposite in Coal Grove, Ohio, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges Vol.34,p.`84. over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Right to acquire real SEC. 2. There is hereby conferred upon the Ashla nd Br idge Com- estate, etc ., for location, pany, its successors and assigns, all such rights and powers to enter approaches, etc. upon lands and to acquire, condemn, occupy, possess, and use real es tate and other prop erty need ed fo r the loc ation, con struc tion , operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensa- tion therefor ., to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the Condemnation p ro- c ondem natio n or expr opria tion of p roper ty fo r pu blic purpo ses in ceeamgs. such State. SEC. 3 . The said Ashland Bridge Company, its successors and Tolls authorized_ assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained Vol.34, p . 85. in the Act of March 23, 1906. Acquisition author- SEC. 4. After the completion of such bridge, as determined by i zed, afte r com pleti on, the Secretary of War, either the State of Kentucky, the State of et, Kentucky, Ohio, Ohio, any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its ap proach es, an d any intere st in real p roperty neces sary t herefo r, by p urcha se or by conde mnati on or exp ropri ation, in acco rdanc e wi th the laws of either of such States governing the acquisition of private compensation if ac. property for public purposes by condemnation or expropriation .If quir es by conde mna- at any time after the expiration of twenty years after the completion tion. of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation 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 constructing Li mita tions. 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 costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real property, and (4) actual expenditures for necessary improvements . ete ol ll lss, under State, SEC. 5 . If such bridge shall be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of the m, as pro vided in section 4 of this Act, and if tolls are there after Rates applied to op- charged for the use thereof, the rates of toll shall be so adjusted as eration, sinking fund, to provide a fund suf ficient t o pay for the reas onable co st of mai ntain- etc ' ing, re pairing, and operati ng the bridge and it s approaches

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