Page:United States Statutes at Large Volume 45 Part 1.djvu/247

 196 SEVENTIETH CONGRESS. SESS. I. Ci3. 133 . 1928 . March s, 1928. CHAP. 133 .-An Act Authorizing the Cairo Association of Commerce, its [n. R.121.1 successors and assigns, to construct, maintain. and operate a bridge across the [Public, No. 95 .] Ohio River at or near Cairo, Illinois. Ohio River. Be it enacted by the Senate and House o f Representatives o f the . Cai ro Associati on of Unit ed St ates of Am eric a in Congr ess assem bled, That in o rder to Commerce may bridge, facilitate interstate commerce improve the postal service and pro- at Cairo, Ill, r vide fo r mili tary a nd oth er pur poses, the Ca iro As sociat ion of Com- merce, its su ccesso rs and assig ns, be, and i s here by, au thoriz ed to const ruct, main tain , and oper ate a bri dge a nd ap proa ches there to Const ruction. across the Ohio River, at a point suitable to the interests of naviga- Vol.34,p. 84. tion, at or near Cairo, Illinois, in accordance with the provisions of Post, p. 1335. 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. Right to acquire real estate, etc ., for location, SEC 2 . There is hereby conferred upon the Cairo Association of ap proac hes, etc. Commerce, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, 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 compensation therefor, to be ascertained and paid according to the laws of such Condemnation pro - State and the proceedings therefor ceedings. shall be the same as in the con- 7 demnation or expropriation of property for public purposes in such State. Tolls authorized. SEC. 3 . The said Cairo Association of Commerce, its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of tolls so fixed shall be the legal rates Vol.34,p.85. until changed by the Secretary of War under the authority contained Acquisition a uthor. in the Act of March 23, 1906. ize d, a fter comp letio n, SEC. 4. After the completion of such bridge, as determined by the by Illinois, Kentucky, etc Secretary of War, either the State of Illinois, the State of Kentucky, . an y publ ic age ncy or polit ical s ubdivi sion of eithe r of s uch St ates, within or adjoining which any part of the bridge is located, or &ny two or more of them jointly, 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 con demnat ion or expro priati on, in accor dance w ith th e laws of ei ther Compensation if ac- of such States governing the acquisition of private property for qui red by condemns° public purposes by condemnation or expropriation. If at any time li on, after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include Lim itati ons. goo d will, g oing valu e, or pro spective revenues or profit s, but sh all be limited to the sum of (1) the actual cost of constructing such bridge and its appr oaches, l ess a rea sonable d eduction for actua l depreci ation in value, (2 ) the act ual cost of acquir ing such interests in real prop- ert y, (3) actua l fina ncing and pr omotio n costs, not to exc eed 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. To lls under state, etc ., operation, 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 Rates applied to oper- them, as provided in section 4 of this Act, and if tolls are thereafter ation, sinking fund, etc. Charg ed for th e use the reof, the rates of tolls s hall be s o adjuste d as to provide a fund sufficient to pay for the reasonable cost of main- taining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to

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