Page:United States Statutes at Large Volume 45 Part 1.djvu/436

 S EVEN TIET H CONGRESS. SEss. I. CHs. 286, 287 . 1928 . 38 5 2, 1927, are hereby extended one and three years, respectively, from the date of approval hereof. Amendmen t. SEC. 2. The right to alter, amend, or repeal t his Act is her eby expressly reserved. Appr oved, M arch 29, 1928. CHAP. 287 .-An Act Authorizing E. L. Higdon, of Baldwin Count Al a- [n. March R . 9,192s. 3', 9964 .] bama, his heirs, legal representatives, and assigns to construct, maintain, and [Public, No. 217 .] operate a bridge across Perdido Bay at or near Bear Point, Baldwin County, Alaba ma. Be it enacted by the Senate and House o f Representatives o f tine Uni ted S tates of Am erica in Co ngres s ass embled , That in order to EeL id nigdon may facilitate interstate commerce, improve the Postal Service, and bridge, at Bear Point, provide for military and other purposes, E. L. Higdon, his heirs, Ala. legal representatives, and assigns be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches th er eto across Perdido Bay, at a point suitable to the interests of navigation, at or near Bear Point, Baldwin County, Alabama, in accordance with Vol 34, p's4. the provisions of the Act entitled "An Act to regulate the construc- tion of bridges over navigable waters," approved March 23, 190 6, and subject to the condition and limitations contained in this Act. Right t o acquire rea l SEC. 2 . There is hereby conferred upon the said E. L. Higdon, estate, etc., for location, his heirs, legal representatives, and assigns, all such rights and approaches, etc. 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 approac hes as are po ssessed by rai lroad corpora tions 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 ce Condem nation pro - as in the condemnation or expropriation of property for public purpose s in such Sta te. SEC. 3. The said E. L. Higdon, his heirs, legal representatives, Tolls authorized. and assigns, is 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 b y the Secretary of War under the authority vol.34, p.85. contained in the Act of March 23, 1906. SEC. 4 . After the completion of such bridge, as determined by the Acquisition after Secretary of War, either the State of Alabama, the State of Florida, by Ala bama, Florid a, any public agency or political subdivision of either of such States, et 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 interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation. IfatanyQ n,ed pen ation if time after the expiration of twenty years after the completion of tion. 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 be limited to the sum of (1) the actual cost of constructing Limitations. such bridge and its approaches, less a reasonable deduction for actual depreciation in value ; (2) the actual cost of acquiring such interests in re al property ; (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing

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