Page:United States Statutes at Large Volume 45 Part 1.djvu/340

 SEVENTIETH CONGRESS. SEss. I. Cii. 182 . 1928 . 289 CHAP. 182 .-An Act Authorizing Osc ar Baertch, Christ Buh man n, and March 10, 1928. Fred Reiter, thei r heirs, leg al representa tives, and a ssigns, to c onstruct, ma in- [H .R. 8726.] tain, and operate a bridge across the Misoissippi River at or near Alma, Wisconsin. [Public, No . 137 .] Be it enacted by the Senate and House o f Representatives o f the Mississippi River. United States o f America in Congress assembled, That in order to Oscar Baertch, etc ., facilitate interstate commerce, improve the postal service, and pro- may bridge, at Alma, vide for military and other purposes, Oscar Baertch, Christ Buh- mann, and Fred Reiter, their heirs, legal representatives, and assigns, be, and are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near Alma, Buffalo County, Wisconsin, and a point opposite thereto in Wabasha County, Minnesota, in accordance with the provisions of the Act Construction. e ntit led "An Act to r egul ate the cons truc tion of brid ges over nav i- Vol.34,p.84. gable waters," approved March 23, 1906, and subject to the con- ditions and limitations contained in this Act. Right to acquire real SEC. 2 . There is hereby conferred upon Oscar Baertch, Christ estate, etc., for location, Buhmann, and Fred Reiter, their heirs, legal representatives, and a pproa ches, etc , as signs, all su ch righ ts and powers to ent er upo n lands and to acqui re, 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 corpo- rations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upo n making just compensation therefor, to be ascer- tained and paid according to the laws of such State, and the pro- Co ndemnation pro- ceedings therefor shall be the same as in the condemnation or expro- ceedings . priation of property for public purposes in such State. SEC. 3. The said Oscar Baertch, Christ Buhmann, and Fred Reiter, Tolls authorized . their heirs, legal representatives, and assigns, are 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 Vol.34,p.85. of War under the authority contained in the Act of March 23, 1906. Acquisition author- SEC. 4 . After the completion of such bridge, as determined by the i zed, afte r com pleti on, Secretary of War, either the State of Wisconsin, the State of Minne- nesota, by etc. , Min- Secretary - Wisconsin, sota, 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 anti take over all right, title, and interest in such bridge and its ap- proaches, and any interest in real property necessary therefor, by pur chase or by c ondemnation o r expropriatio n, in accorda nce with the laws of either of such States governing the acquisition of private proprty for public purposes by condemnation or expropriation. Compensation if ac- e If at any time after the expiration of twenty years after the cam- qu ired by con demna- pletion of such bridge the ,same is acquired by condemnation or t ion . expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues Limitations. or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduc- tion 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 con- structing the bridge and its approaches and acquiring such interests in real property, and (4) actual expenditures for necessary improve- ments. SEC. 5. If such bridge shall be taken over or acquired by the States Tolls und er s tate, or public agencies or political subdivisions thereof, or by either of etc., operation. them, a s provi ded in sectio n 4 of this Ac t, and if tol ls are therea fter 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 sufficient to pay for the reasonable cost of main- etc '

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