Page:United States Statutes at Large Volume 45 Part 1.djvu/813

 762 SEVENTIETH CONGRESS. SESS. I. CH. 772. 1928. May 26, 1928. CHAP. 772 .-An Act Authorizing D. T. Hargraves and John W. Dulaney, [H. R.13380.1 their heirs, legal representatives, and assigns, to construct, maintain, and operate [Public, No. 536 .1 a bri dge acr oss th e Missi ssippi River at or n ear Hel ena, A rkansas. Mississippi River. Be it enacted by the Senate and House of Representatives of the D. T, Hargrave s and United States of America in Congress assembled, That in order to Jo hn W. Dulaney may bridge, at Helena, Ark. facilitate interstate commerce, improve the postal service, and provide for military and other purposes, D. T. Hargraves and John W. Dulaney, their heirs, legal representatives, and assigns, be, and they are hereby, authorized to construct, maintain, and operate a brid ge a nd ap proac hes there to ac ross the Missi ssipp i Ri ver, at a point suitable to the interests of navigation, at or near Helena, Construction. Phillips County, Arkansas, in accordance with the provisions of the vol.34, p. 84. Act entitled "An Act to regulate the construction of bridges over Post, p. 1529 . navigable waters," approved March 23, 190 6, and subject to the conditions and limitations contained in this Act. Right to acquire real SEc. 2. There is hereby conferred upon the said D. T. Hargraves estate, etc., for location, and John W. Dulaney, their heirs, legal representatives, and assigns, approaches, etc. all such rights and powers to 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 corp orati ons f or ra ilro ad pu rpose s or by b ridge cor porat ions 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 Condemnatio n pro- ceedings. proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. Tolls authorized. SEC. 3. The said D. T. Hargraves and John W. Dulaney, their heirs, legal representatives, and assigns, are 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 Vol.34, p.35. of War under the authority contained in the Act of March 23, 1906 . Acquisition author- SEC. 4. After the completion of such bridge, as determined by the ized, afte r co mplet ion, by Arkansas, Missis- Secretary of War, either the State of Arkansas, the State of Missis- sippi, etc. sippi, 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 approaches, and an y inte rest i n real prope rty ne cessary there for, b y purc hase o r by c ondem natio n or expr opria tion, in accor dance wit h the laws of either of such States governing the acquisition of private property Compensation if ac- for public purposes by condemnation or expropriation. If at any on, by condemna- tion. time after the expiration of twenty years after the completion of to. 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 v alue, or prospect ive reven ues or pr ofits, bu t L imita tion s. shall be limited to the su m of (1) the actu al cost o f constru cting suc h 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 approaches and acquiring such interest in real property ; and (4) actual expenditures for necessary improvements. T olls unde r st ate, etc , operation . SEC. 5. If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof, or Rates applied to op- by either of them, as provided in section 4 of this Act, and if tolls eration, sinking fund, are thereafter charged for the use thereof, the rates of toll shall be so e tc' adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its appro aches unde r ec onomi cal m anag ement, and to p rovi de a sinki ng

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