Page:United States Statutes at Large Volume 45 Part 1.djvu/792

 SEVENTIETH CONGRESS. SEss. I. CH. 745. 1928 . 741 CHAP. 745 .-An Act Authorizing the New Cumberland Bridge Company, May 25, 1928 . its successors and assigns, to construct, maintain, and operate a bridge across -[H-R_-5 475 .] the Ohio River a t or near New Cum berland, `Vest V irginia. [Public, No. 511 .] 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 NOhio ew R iver . Cumberland facilitate interstate commerce, improve the postal service, and pro- Bridge Company may vide for military and other purposes, the New Cumberland Bridge bridge, New cum- Company, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point suitable to the interests of navi- gati on, a t or near the city of Ne w Cu mberl and, Nest Virg inia, in Construction. accordance with the provisions of the Act entitled "An Act to Vol. 34, p. 84 regu late the c onstr ucti on of brid ges over navig able wate rs," ap- proved March 23, 19 06, an d subj ect to the co nditio ns and limit ations contai ned in this Act. SEC. 2 . There is hereby co nferred upon the New Cumberland Right to acquire real estate, etc., for loca- Bridge Company, its successors and assigns, all such rights and tion, appr oach es, e tc. powers to ent er upo n land s and to acq uire, c ondemn, occu py, po ssess, and us e real estat e and other proper ty need ed for the l ocatio n, con - struction, 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 whic h such real estate or ot her pr operty is sit uated, upon making just compensation therefor, to be ascertained and paid according to condemnation pro . the laws of such State, and the proceedings therefor shall be the ceedings. same as in the condemnation or expropriation of property for public purposes in such State. SEC. 3. The said New Cumberland Bridge Company, its successors Tolls authorized. 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 Vol.34,p.85. contained in the Act of March 23, 19'06. SEC. 4. After the completion of such bridge as determined by the Acquisition - ized, after completion aut hor. , Secretary of War, either the State of Nest Virginia, the State of by West Virginia, Ohio, any public agency or political subdivision of either of such Ohio, etc. 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 approaches, and any interest in real property necessary therefor, condemnation pro. ceedings. by purchase or by condemnation or expropria tion, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropria- compensation if ac- tion. If at any time after the expiration of twenty years after the quired by condemna- completion of such bridge the same is acquired by condemnation or "o n- 'expropriation, the amount of damages or compensation to be allowed shall n ot inc lude g ood wi ll, go ing va lue, or prosp ective reven ues or Limit atio ns. profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduc- tion for actual depreciation in value, (2) the 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 con- structi ng the bridg e and its ap proach es and acquir ing su ch int erests in real property, and (4) actual expenditures for necessary im- provements . Tolls und er s tate, SEC . 5 . If such bridge shall be taken over or acquired by the etc ., operation. States 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 erat ion ,Ra tes applied fu nd, ation, sinking f un d, adjusted as to provide a fund sufficient to pay for the reasonable etc• cost of maintaining, repairing, and operating the bridge and its

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