Page:United States Statutes at Large Volume 46 Part 1.djvu/590

 SEVEN TY-FI RST C ONGRESS. SESS. II. CH. 441. 1930. 547 as a free bridge, then in no event shall said board convey said bridge to the State at fault. MISSOURI RIV ER AT SOUTH OMAHA, NEBRASKA Missouri River SEC. 4. (a) That in order to facilitate inter state commerce Charles 1 . Morearty I may bridge, at South improve the postal service, and ' provide for military and other pur- Omaha Nebr. poses, Charles B. Morearty, his heirs, legal representatives, and Peat, p. 1192. 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 South Omaha, Neb raska, in accordance with the provisions of the Act voi str cct io entitled " An Act to regulate the constru ction of bridges over navigable waters," approved March 23, 190 6, and subject to the conditions and limitations contained in this Act. (b) There is hereby conferred upon Charles B. Morearty, his Rights to acquire real estate, etc. for lo- heirs, legal representatives, and assigns, all such rights and powers cation,approacftes,etc, to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, con- struction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad pur poses or by bridg e corpor ations f or bridg e purpose s in the State in which such real estate or other property is situated, upon mak- ing just compensation therefor, to be ascertained and paid accord- ing to the laws of such State, and the proceedings therefor shall ~C dond gs etnnation pr o- be the same as in condemnation or expropriation of property for publ ic purpos es in su ch State. (c) The said Charles B. Morearty, his heirs, legal represents- Tol ls auth orized. tives, 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 vol. 34,p.85. the authority contained in the Act of March 23, 1906. (d If, after the completion of such bridge, as determined by Ac qui siti on author. the Secretary of War, either the State of Nebraska, the State of byd'Nebraska, pl Iowa, Iowa, any public agency or political subdivision of either of such etc . States, within or adjoining which any part of such bridge is located, or any two of them jointly, may at any time desire to acq uire and take ove r all ri ght, tit le, and interest in such bridge and its approaches, and any interest in real property necessary therefor, it shall not be necessary to condemn or expropriate such property, but the said Charles B . Morearty, his heirs, legal repre- Delivery of title. sentatives, and assigns, shall deliver to such public agency by proper instrument o f conveyance all right, title, and interest in such bridge and its approaches ; and no damages or compensation whatsoever shall be allowed for any such right, title, or interest, but if such bridge is so acquired it shall be taken over subject to the bonds, Conveyance subject deb entures, or other instrum ents of indebted ness, inc luding a ccrued to bonds, etc . interest thereon, actually issued in payment for the bridge, its approaches, and improvements and outstanding at the time of such taking over. Such instrument of conveyance shall be executed and delivered within a period of thirty days after receiving from such public agency a written notice of such intention to take over such property. (e) If such bridge shall at any time be taken over or acquired ete oll s do er Stato, by such States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 (d) of this Act and if tolls are thereafter charged for the use thereof, the rates 01 Rates applied to op- toll shall be so adjusted as to provide a fund sufficient to pay for op- oration, sinking fund, the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management and to

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