Page:United States Statutes at Large Volume 45 Part 1.djvu/528

 SEVENTIETH CONGRESS. SESS. I. Cu. 472. 1928 . 477 SEC. 2 . After the completion of such bridge, as determined by the Acquisition aut hor - ized, afte r co mplet ion, Secretary of War, either the State of North Dakota, any political sub- b y North Dakota, etc. divisions thereof 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 approac hes, and any int erest in real pr operty n ecessary therefo r, by purchase or by condemnation or expropriation, in acco rdanc e with Condemnation pro- the law s of suc h State governin g the ac quisitio n of pri vate pro perty cee din gs. for public purposes by condemnation or expropriation. If at any time Compensation if ac- quired by condemn- after the expiration of twenty years after the completion of such tin. 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 cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approach es and a cquiring such in terests in real prop- erty ; and (4) actual expenditures for necessary improvements. SEC. 3. If such bridge shall at any time be taken over or acquired Tolls unde r State, ete ., op eration . by the S tate of Nort h Da kota , or by any muni cipa lity or othe r politic al subdi vision o r public agency thereof, under t he provi sions of section 2 of this Act, and if tolls are thereafter charged for the Rates applied to op- use thereof the rates of toll shall be so adjusted as to provide a fund eration, sinking fund, suffici ent to p ay for t he reaso nable co st of ma intainin g, repai ring, etc. and operating the bridge and its approaches under economical man- agement and to provi de a sinkin g fun d suf ficien t to amort ize th e amount paid therefor, including reasonable interest and financing costs, 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 amortization shall have been Maintenance eenanct as tree sinking bridge, etc ., after amor- so pro vided, s uch brid ge shall thereaf ter be m aintaine d and op erated tizing costs. 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 operation of the bridge and its approaches Record of expendi- under economical management. An accurate record of the amou nt tures and receipts. paid for acquiring the bridge and its approaches, the actual expend- itures 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. SEc. 4. Paul Leupp, his heirs, legal representatives, or assigns, con str uct ion statement of shall, with in ninety days a fter the complet ion of such brid ge, file with to be filed after comple- the Secretary of AV, ar and with the highway department of the State of Nort h Da kota a s worn ite mize d st atem ent show ing the actu al orig inal cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary there- for, and the actual financing and promotion costs. The Secretary rot Exa minat ion of by See . of War may, and, at the request of the h ighway department of the State of North Dakota, 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 state- ment of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge ; for the purpose of such investigation the said Paul Leupp, his heirs, legal representatives, or assigns, shall make available all of his records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to FindingsofSecretary the reasonable costs of the construction, financing, and promotion of conclusive. the bridge shall be conclusive for the purposes mentioned in section 2

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