Page:United States Statutes at Large Volume 45 Part 1.djvu/440

 SEVENTIETH CONGRESS. SEss. I. CH. 291 . 1928 . 389 any interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either of such States g overning the acquisition of private prop erty for pub lic purposes by condemnati on or expropri ation. If at any time Compensation if after the expiration of twenty years after the completion of such tio ned by condemna- 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 such Limitations, 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 interests in real prop- erty ; and (4) actual expenditures for necessary improvements. SEC. 5. If such bridge shall at any time be taken over or acquired Tolls under State, etc., operation. by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are thereafter charged for the use thereof, the rates of toll shall eraon ap sinki pli g tfuoa be so ad justed as to p rovide a fund suffic ient t o pay f or the reason able etc° cost of mainta ining, repair ing, and oper ating the brid ge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, including rea- sonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for such Mainttc ., at as free bridge, et c ., amor- amortization shall have been so provided, such bridge shall thereafter tizing costs, etc ° be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and opera- tion of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the bridge and tares Record and receipts. its appr oach es, the actu al e xpen ditu res for main tain ing, rep airi ng, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. SEC. 6 . The Plattsmouth Bride Company, its successors and sworn sta teme nt of g construction costs, etc ., assigns, shall within ninety days after the completion of such bridge to be enfiled after com- file with the Secretary of War and with the highway departments of the States of Nebraska and Iowa a sworn itemized statement showing the actual original cost of constructing the b ridge and its approaches, the actual cost of acqui ring any inter est i n r e a l property necessary therefor, and the actual financing and promo- tion co sts. The Secretary of War may, and upon request of the re Examination by Sec-of War . highway department of either of such States, shall at any time within three years after the completion of such bridge, investigate su ch costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promot ing su ch bri dge said Plattsmouth Bridge Company, its successors and assigns, shall make available all of its records in connection with the construc- tion, financing, and promotion thereof. The findings of the Secretar FindingsoFSeeretary r, y conclusive. of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes men- tioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. SEC. 7. The right to sell, assign, transfer, and mortgage all the conferred. to sell, etc ., rights, powers, and privileges conferred by this Act is hereby granted to the Plattsmouth Bridge Company, its successors and assigns, and
 * for the purpose of such investigation the

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