Page:United States Statutes at Large Volume 45 Part 1.djvu/781

 730 SEVENTIETH CONGRESS. SEss. I. Cg. 729. 1928 . and to ac quire, condemn, occu py, pos sess, a nd use real e state a nd oth er property needed for the location, construction, operation, and main- tenance 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 ce dings .mnation p ro- and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation Acquisition of high- of property for public purposes in such State. way bridge authorized, SEC. 3 . After the completion of such bridge, as determined by the after completion, by Secreta ry of War, if the same is c onstructed as a highway bri dge, Missouri, etc. only, either the State of Missouri, any political subdivision 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 approaches, and any interest in real property necessary therefor, by purchase or by condemn ation, in acc ordance with t he laws of su ch State gover ning Compensation if ac- the acquisition of private property for public purposes by condemna- quired by condemna- tion or expropriation. If at any time after the expiration of twenty tion. years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compen- sation to be allowed shall not include good will, going value, or pro- Limitations, spective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasona ble deduction for actual de preciation in value ; (2 ) t he 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 approaches and ac- quiring such interests in real property ; and (4) actual expenditures for necessary improvements. Tolls under state, etc ., op eration. SEC. 4. If such bridge shall at any time be taken over or acquired by the State of Missouri or by any municipality or other political subdivision or public agency thereof, under the provisions of section era tio n, Rates applied sinki ng to fund, 3 of this Act, and if tolls are charged for the use thereof, the rates etc • of toll shall be so adjusted as to provide a fund sufficient o pay for the reasonable cost of maintaining, repairing, and operating the brid ge and its a pproa ches u nder e conomi cal m anagem ent, a nd to provide a sinking fund sufficient to amortize the amount paid there- for including reasonable interest and financing cost, as soon as Maintenance as a free possible under reasonable charges, but within a period of not to brid ge, etc., after amor- exceed tw enty years fro m the date of acquiring th e same. After a tizing costs, sinking fund sufficient for such amortization shall have been so pro- vided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to pro- vide a fund of not to exceed the amount necessary for the proper Record of expendi- maintenance, repair, and operation of the bridge and its approaches tures and receipts. under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expendi- tures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the in- Purchase or condem- formation of all persons interested. nat ion of combined SEC. 5 . If such bridge is constructed as a combined railroad bridge railroad and highway for the passage of railway trains or street cars, and a highway bridge bri dge. for the passage of pedestrians, animals, and vehicles, then the right of purchase and condemnation conferred by this Act shall apply to a right of way thereover for the passage without cost of persons, right of way. for animals, and vehicles adapted to travel on public highways ; and if the right of purchase or condemnation shall be exercised as to such right of way over the bridge, then the measure of damages or compensa- tion to be allowed or paid for such right of way shall be a sum equal

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