Page:United States Statutes at Large Volume 45 Part 1.djvu/355

 304 SEVENTIETH CONGRESS. SEss. I. Cii. 204 . 1928 . March 12,1928. CHAP. 204 .-An Act Authorizing the Maysville Bridge Company, its suc- [H. R. 437.] cessors a nd assigns, to construct, maintain, a nd operate a bridge acro ss the Ohio [Public, No . 116.] River at or ne ar Maysville, Kentuc ky. Be it enacted by the Senate and House o f Representatives o f the Mayaysville River. Bri dge United States o f America in Congress assembled, That in order to company. may bridge, at Maysville, Ky., and facilitate interstate commerce improve the Postal Service and pro- Aberdeen, Ohio. vide for military and other purposes, the Maysville Bridge Com- pany, its successors and assigns, be and is hereby, authorized to cons truc t, ma intai n, a nd op erate a br idge and appro ache s the reto across the Ohio River, at a point suitable to the interests of naviga- Constructio n. tion, at or near Maysvi lle, K entuck y, and Aberde en, Oh io, in accor d- Vol.34,p.84. Post, p. 1430. ante with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1 906, a nd sub ject t o the condit ions an d limi tation s cont ained in this Act. Authority for rail- SEC. 2. The Maysville Bridge Company, its successors and assigns, way, highway, or com- y t, 7 bined bridge. is authorized to construct, maintain, and operate such bridge and the necessary approaches thereto as a railroad bridge for the passage of railway trains or street cars, or both, or as a highway bridge for the passage of pedestrians, animals, and vehicles, adapted to travel on public highways, or as a combined railroad and highway Right to for location, r eal bridge for all such estate, etc ., location, urposes ; and there is hereby conferred upon approaches, etc. May sville Bridge Company, 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 a pproa ches as a re po ssess ed b y rai lroad cor porat ions 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 Condemnation pro- according to the laws of such State, and the proceedings therefor ceedings. shall be the same as in the condemnation or expropriation of property Acquisition author- for public purposes in such State. ized, afte r co mplet ion, SEC. 3 . After the completion of such bridge, as determined by the by Kentucky, Ohio, etc Secretary of War, if the same is constructed as a highway bridge . only, either the State of Kentucky, the State of 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 approaches, and any interes t in r eal pr operty neces sary t herefor, by p urchas e or b y con- demnation or expropriation, in accordance with the laws of either of s uch S tates gove rnin g the acqu isit ion o f pri vate prop erty for quired Compensation by sac on if ac- public purposes by condemnation or expropriation. If at any time condemna- tion- 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 good will, going value, or prospective revenues or profits, but shall Limitations. be limited to the sum of (1) the actual cost of constructing 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 prop- molls und er s tate, erty, and (4) actual expenditures for necessary improvements. etc ., operation. SEC. 4 . If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof, or Rates applied to op- by either of them, as provided in section 3 of this Act, and if tolls eration, sinking fund, are thereafter charged for the use thereof, the rates of toll shall et0' be so adjusted as to provide a fund sufficient to pay for the reason-

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