Page:United States Statutes at Large Volume 45 Part 1.djvu/444

 SEVENTIETH CONGRESS. SESS. I. CH. 294. 1928 . 393 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, an d any in terest i n real p roperty necessar y theref or, by p urchase or b y cond emnat ion o r expr opria tion, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation. If at any Compensation if ac- time after the expiration of twenty years after the completion of eoned by condemna- such bridge the same is acquired by condemnation or expropriation, the am ount of dama ges or c ompe nsat ion to be al lowe d sh all 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 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 property and (4) actual expenditures for necessary improvements. To lls under St ate, SEC. 5. If such bridge shall at any time be taken over or acquired eto., 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 be so eRte applied t ro op, adjusted as to provide a fund sufficient to pay for the reasonable cost etc ° of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fu nd sufficient to amortize the amount paid therefor, including reasonable 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 Maintenance as free g bridge, etc ., after amor- amortization shall have been so provided, such bridge shall thereafter tizin g costs, etc ° be maintain ed and o perated free of tolls, o r the ra tes of t oll shal l thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the b ride and its approaches under economical management. An Record of receipts. i- g tares and recei accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. Sw orn state ment of SEC. 6. The Interstate Bridge Company, its successors and assigns, construction costs, etc ., shall within ninety days after the completion of such bridge file with tone filed after comple- 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 bridge and its approaches, the actual c ost of a cquiring any int erest in real pro perty ne cessary therefor, and the actual financing and promotion costs. The Secre- rewry of w81n by See- tary of War ma y, and upon request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and s hall make a find ing of the actual and reasonable cost s of con structin g, finan cing, an d promot ing such bridge ; fo r t he purpose of such investigation the said Interstate Bridge Company, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs Fin ding s of Secr etary of t he const ruction, financi ng, and promotio n of the bridge s hall be co ncl us ive . conclusive for the purposes mentioned 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 Ri ght to sell, etc ., rights, powers, and privileges conferred by this Act is hereby granted conferred.

�