Page:United States Statutes at Large Volume 45 Part 1.djvu/554

 SEVENTIETH CONGRESS. SEss. I. CHs. 534, 540 . 1928 . 503 That this provision shall not apply to any land or land and water no rmered . pur cha ses heretofore acquired or contracted for under the provisions of this Act ." Approved, May 12, 1928 . CHAP . 540.-An Act Authorizing the J . K . Mahone Bridge Company, its	May 1971	successors and assigns, to construct, maintain, and operate a bridge across the [Publ ic, No. 3 75 .1 Ohio River at or near Wellsburg, West Virginia . Be it enacted by the Senate and House o f Representatives o f the Ohio River . United States o f America in Congress assembled, That in order to J. K . Mahone Bridge promote interstate commerce, improve the postal service, and p ro - company may bridge vide for military and other purposes, the J . K. Mahone Bridge at Wellsburg, W . Va . Company, its successors and assigns, be and is hereby authorized to c onstr uct, main tain, and opera te a brid ge an d ap proac hes t here to ac ross the Ohio Rive r at a po int suita ble to t he intere sts of na vigation at or near Wellsbur Brooke County, West Virginia in accordance con struction. y7 b 7 Vol.34,p.84. with the provisions of the Act entitled "An Act to regulate the Post, p .1530 . construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Rig ht to acquire real SEC. 2 . There is hereby conferred upon the J. K. Mahone Bridge estate, etc ., for location, Company, its successors and assigns, all such rights and powers to approaches, 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 State in which such real estate or other property is situated, upon making just compensa- tion therefor, to be ascertained and paid according to the laws of , 'dongsmnation pro- such State, and the proceedings therefor shall be the same as in the con demnat ion or expro priati on of propert y in s uch St ate. SEC. 3 . The said J. K. Mahone 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 chang ed by the Secr etary of W ar u nder the a uthor ity conta ined in Vol.34,p.85. the Act of March 23, 1906. SEC . i zed, afte r com pleti on, the Secretary of War, either the State of West Virginia, the State b Ohio West Virginia, of Ohio, any public agency or political subdivision of either of such States within or ad joinin g whic h any part of such bridge is lo cated, or any two or more of them jointly may at any time acquire or 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 Compensation if ac- property for public purposes by condemnation or expropriation. If quired by condemna- at any time after the expiration of twenty years after the completion tion* of 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, first, the actual cost of constructing Limitations . such bridge and its approaches, less a reasonable deduction for actual depreciation in value ; second, the actual cost of acquiring such interests in real property ; third, actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of construct- ing the bridge and its approaches and acquiring such interests in

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