Page:United States Statutes at Large Volume 45 Part 1.djvu/367

 316 SEVENTIETH CONGRESS. SESS. I. CH. 224. 1928 . March 16, 1928. C$AP. 224 .-An Act Authorizing B. L. Hendrix, G. C. Trammel, and C. S. [a. R.66.1 Miller, their heirs, legal representatives, and assigns, to construct, maintain, [Public, No. 174.1 and operate a bridge across the Ohio River at or near Mound City, Illinois. Ohio River. Be it enacted by the Senate and House o f Representatives o f the 13 . L. Hendrix, etc., United States of America in Congress assembled, That in order to may br idge, at Mou nd city, Ill. fa cilita te int erstat e comm erce, improv e the p ostal servic e, and pro- vide for military and other purposes, B. L. Hendrix, G. C. Tram- mel, and C. S. Miller, their heirs, legal representatives and assigns, be and hereby are authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River at a point suitable to the interests of navigation between the city of Mound Constru ction. 3rupio: City, Illinois, and a point opposite in the State of Kentucky, in i ost, p .1529. accordance with the provisions 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 limita- Right to acquire real tions contained in this Act. estate, etc., for location, SEC. 2. There is hereby conferred upon B. L. Hendrix, G. C. approaches, etc. Trammel, and C. S. Miller, their heirs, legal representatives and assigns, all such rights and powers to enter upon lands and to a cquir e, co ndem n, oc cupy, poss ess, and use r eal estat e and oth er pr operty neede d for the lo cation, cons tructio n, ope ration , and main- tenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corpora- tions for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, condemnation pre - to be ascertained and paid according to the laws of such State, ceedings. and the proceedings therefor, shall be the same as in the condemna- Tells authorized. tion or expropriation of property for p~ublic purposes in such State. SEC. 3. The said B. L. Hendrix, G. C. Trammel, and C. S. Miller, their heirs, legal representatives, and assigns, are hereby author- ized 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 vol. 34, p.s5. Secretary of War under the authority contained in the Act of Acquisition author . March 23, 1906. ize d, a fter comp letio n, SEC. 4 . After the completion of such bridge, as determined by by Illinois. Kentucky, the Secretary of War, either the State of Illinois, the State of etc. Kentucky, any public agency or political subdivision of either of such States, within or adjoining which any part of the 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 interest in real property necessary therefor, by purchase or by condemnation or expropriation, in acco rdance with the laws of either of such S tates governing Compensation if ac- the acquisition of private property for public purposes by con- quired by condem na- demnation or expropriation. If at any time after the expiration tion. of twenty years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages Lim itat ions. 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 such bridge and its approaches, less a reasonable deduction for actual depreciation in va lue, ( 2) the actua l cost of ac quirin g such intere sts in real prop- erty, (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. Tolls under state, SEC. 5. If such bridge shall be taken over or acquired by the States etc., operation. or public agencies or 'political subdivisions thereof, or by either of th em, as pr ovided in section 4 of this Act, an d if toll s are the reafter

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