Page:United States Statutes at Large Volume 45 Part 1.djvu/494

 SEVENTIETH CONGRESS. SEss. I. Cii.401. 1928 . 443 below the Great Falls, in the county of Montgomery, in the State of C ool t4 cctioon Maryland, in accordance with the provisions of the Act entitled "An Post, p . 155 2 . Act to regula te the const ructio n of b ridges over n avigab le wat ers," approved March 23, 1906, and subject to the conditions and limita- rretisos. tions contained in this Act : Provided, That in addition to the and Approval etc. location authority vested in the Secretary of War, the location and design of said bridge shall be subject to the approval of the National Capital Park and Planning Commission, and provided further that no railway shall be operated on and over said bridge
 * Provided

further, That the location and design of said bridge shall be such Not to interfere with as not to interfere with any power development of said Potomac powe r developmen t of River that, under specific authorization of Congress or under the provisions of the Federal Water Power Act, may be made in accord- ance with the project set forth in Senate Document 403, Sixty-sixth Co ngress, thir d sess ion, o r appr opriat e modif icatio n ther eof. SEC. 2. There is hereby conferred upon the Great Falls Bridge Right to acquire real 1l estate, etc ., for location, Company, its successors and assigns, a such rights and powers to ap proac hes, etc. 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 approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the States 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 Condemnation pro - States, and the proceedings therefor shall be the same as in the con- ceedings. demnation or expropriation of property for public purposes in such States. SEC. 3. The said Great Falls Bridge Company, its successors and Tolls authorized. 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 by the Secretary of War under the authority con- Vol.34,p.85. tained in the Act of March 23, 1906. SEC. 4. After the completion of such bridge, as determined b Acquisition author. an tho r- y ized, after completion, the Secretary of War, either the State of Virginia, the State of by Virginia, Maryland, Maryland, any public agency or political subdivision of either of etc. 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 acqwire 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. Compensation if ac- If at any time after the expiration of twenty years after the com- quired by condemns- pletion of such bridge the same is acquired by condemnation or Lion. 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 con- Limitations. str ucting such bridge and i ts app roache s less a reas onable deduc tion for actual d epreciati on in val ue, (2) t he 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- erty, and (4) actual expenditures for necessary improvements. Tolls under sta te 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 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 adjusted as to era ion, app lied to op - provide a fund sufficient to pay for the reasonable cost of main- etc ° taining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund suffi- 54835•-29-rT 1-32

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