Page:United States Statutes at Large Volume 45 Part 1.djvu/203

 152 SEVENTIETH CONGRESS. SEss. I. CHs. 109, 110. 1928 . Sworn stratement of SEC. 4 . The Washington Miss ouri River Bridge Co mpany, its construction costs, etc ., to be filed after com- successors and assigns, shall, within ninety days after the completion pletion. of such bridge, file with the Secretary of War and with the highway department of the State of Missouri 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 nece ssary ther efor, and the actua l fi nanci ng an d pr omoti on co sts. retnnv figatiion by Sec- The Secretary of War may, and at the request of the highw ay department of the State of Missouri shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the 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 Washington Missouri River Bridge Company, its successors and assigns, shall snak e ava ilabl e all rec ords in co nnec tion with the const ructi on, con clusv e . of Secretary financing, and promotion thereof. The findings of the Secretary of War as to the 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 gro ss mis take. conferred to sell, etc ., SEC . 5 . The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act, is hereby granted to Washington Missouri River Bridge Company, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. Amen dment. SEC. 6. The right to alter, amend, or repeal this Act is hereby express ly res erved. Approved, February 28, 1928. February 28, 1928. [13. R. 5722.1 (Pu blic, No . 80.1 Ohio River . Rogers Brothers Company may bridge, at Ashland, Ky . Con struction . Vol.34, p.84 . Right to acquire real estate, etc ., for lo ca- tio n, approaches , etc . C onde mnati on ceedings . CHAP. 11 0 . - A n Act Authorizing the Rogers Brothers Company, its suc ces- sors and assigns, to construct, maintain, and operate a bridge across the Ohio River at or ne ar Ashland, Kent ucky . Be it enacted by the Senate and Home o f Representatives o f the United States o f America in Congress assembled, That in order to facilitate interstate commerce, improve the postal service, and provide for military and other purposes, the Rogers Brothers Company, 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 navigation, at or near the city of Ashland, Kentucky, in accordance with the pro- visions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. SEC. 2. There is hereby conferred upon Rogers Brothers Company, its suc cessor s and assign s, all such rights and po wers t o ente r upon lands a nd acq uire, condem n, occ upy, p ossess, and u se rea l esta te and other p ropert y need ed for the l ocatio n, cons tructi on, op eratio n, 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 compensation 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 or expropr iation of pr operty for p ublic purpose s in s uch St ate.

�