Page:United States Statutes at Large Volume 47 Part 1.djvu/1579

 72d C ONGRESS. SESS. II. CH. 271 . MARCH 4, 1933 . 1555 approved June 10, 1930, are here by furth er extend ed one a nd three years, respectively, from February 26, 1933. MISSOURI RIVER AT RULO, NEBRASKA SEC. 5. (a) That in orde r to f acili tate inters tate comme rce Missouri Rive r at Rulo, Nebr. improve the postal service, and provide for military and other pur- Bridge construction. poses, John C. Mullen, John H. Hutchings, and William Shepherd, their heirs, legal representatives, and assigns be, and are hereby, autho rize d to con stru ct, main tain , and op era te a bri dge and approaches thereto across the Missouri River at a point suitable to the interests of navigation, at or near Rulo, Nebraska, in acc ord- ance with the provision of the Act entitled " An Act to regulate the Vol. 34, P. 84. construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. (b) There is hereby conferred upon John C. Mullen, John H. Ac quisition of ap. Hutchings, and William Shepherd, their heirs, legal representa- preaches. tives, and assigns, all such rights and powers to, enter upon lands and to a cquire, condemn, occupy, possess, and use real es tate and other property needed for the location, construction, operation, and maintena nce of s uch brid ge and i ts appro aches as are poss essed by railroad corpora tions for railro ad purposes or b y bridge corporat 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 proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. (c) The said John C. Mullen, John H. Hutchings, and William Toll rates. Shepherd, 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 of War under the authority contained in the Act of March Vol.34,P.si. 23, 1906. (d) After the completion of such bridge, as determined by the author- ized, Acquisition after Secretary of War, either the State of Nebraska, the State of Mis- by Nebraska, Missouri . souri, 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 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 condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private pro pe rty for public purposes by condemnation or expropriation. If at any time after the expiration of twenty years after the coin- Conveyance subject onl y to indebte dness, pletio n of such bridge the same i s acq uired by c ondemn ation or etc ., for construction, expropriation, the amount of damages or compensation to be allowed etc. shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing suc h bridge and its approaches, les s a reasonable de duc- tion for actual depreciation in value ; (2) the actual cost of acquir- ing such interests in real property ; (3) actual financing and pro- motion costs, 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. (e) If such bridge shall at any time be taken over or acquired by eta oils under state, the States or public agencies or political subdivisions thereof, or, operation. by either of them, as provided in section 4 of this Act, and if tolls