Page:United States Statutes at Large Volume 45 Part 1.djvu/759

 708 SEVENTIETH CONGRESS. SEss. I. Cas. 682, 683. 1928 . for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. Sac. 7 . The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to Henry Horsey, Winfield Scott, A. L. Ballegoin, and Frank Schee, their heirs, legal representatives, and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. Sac. 8 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 22, 1928. Right to sell, etc ., conferred . Amendme nt. May 22, 1928. [S .4381] [Public, No . 471.] Missouri River . H. A. Rinder may bri dge, at N iobr ara, Nebr. Construction. Vol.34,p.84. Post, p. 1562. Right to acquire real estate, etc., for location, approaches, etc. Condemnation pr o- ceedings. Tolls authorized. Vol.34,p.85. Acquisition author- ized, after completion, by Nebraska, South Dakota, etc. CHAP. 683 .-An Act Authorizing H. A. Binder, his heirs, legal representa- tives, and assigns, to construct, maintain, and operate a bridge across the Mis- souri River at or near Niobrara, Nebraska. Be it enacted by the Senate and House of Representatives o f the united States o f America in Congress assembled, That in order to facilitate interstate commerce, improve the postal service, and pro- vide for military and other purposes, H. A. Binder, his heirs, legal representatives, and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests _ of navigation, at or near Niobrara, Nebraska, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Sac. 2. There is hereby conferred upon H. A. Rinder, his heirs, le gal h epre sent ativ es, and assi gns, all suc h ri ghts and pow ers to e nter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, opera- tion, 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 compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. SEC. 3. T he s ai d H. A. Binder, his heirs, legal representatives, and 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- tained in the Act of March 23, 1906. SEc. 4. After the completion of such bridge, as determined by the Secretary of War, either the State of Nebraska, the State of South Dakota, any public agency or political subdivision of either of 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 acquire and take over all right, title, and interest in such bridge and its ap- proaches, 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 quired Compensa tion, b it condemna- M- property for public purposes by condemnation or expropriation. If tion. at any time after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropria-

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