Page:United States Statutes at Large Volume 47 Part 1.djvu/347

 72d CONGRESS. SESS. I. CH. 269. JUNE 18, 1932 . subject to the prior approval of the Commissioners of the District of Columbia after report by the National Capital Park and Plan- ning Commission, such approval to be noted upon identical copies of a s uitably prepared plat or chart, one copy to b'e k ept on f ile in the office of the engineer commissioner of the District of Columbia and the other thereof to be kept on file in the office of the National Capital Park and Planning Commission. SEC. 4. Subject always to the approval of the Commissioners of the District of Columbia, all such railroad tracks, turnouts, branch tracks, spurs, and sidings may be located and constructed in, upon, along, and through public grounds, space, and streets of the United States and/or of the District of Columbia as same are now or here- after may be located and established : Provided, That except as herein expressly authorized no tracks, turnouts, branches, spurs, or sidi ngs shal l be con stru cted al ong or through South Cap itol Street or First Street southwest in the north and south direction, at grade or otherwise, but each of said streets, with prior approval of said Commissioners of the District of Columbia, may be crossed to such extent as may be necessary for the establishment of adequate railroad fac ilities : Provided further, That no per mit for the con- struction of tracks, turnouts, branches, spurs, or sidings shall be issued with re spect to squares 600, 60 2, 604, 6 06, 608, 610, an d 612, or any of said squares, until the particular square or squares for which a permit i s sought shall have been zoned industrial : And provided further That the plans for any building fronting on Canal Street from the Anacostia River to P Street southwest shall have the approval of the Fine Arts Commission as to height and design. SEC. 5. Nothing herein contained shall be construed as limiting or abridging the authority of the Commissioners of the District of Columbia under the Act of Congress approved March 3, 1927 (44 Stat . L . 1353), entitled "An Act to provide for the elimination of grade crossings of steam railroads in the District of Columbia, and far o ther purpos es ." SEc. 6. The Philadelphia, Baltitmore 1 and Washington Railroad Company, its successors or assigns, is hereby authorized to acquire any land or property other than public grounds, space, or streets of the U nited State s or the D istri ct of Colum bia n ecessa ry or expe di- ent for right of way for said track extensions, turnouts, branch tracks, spurs, sidings, and connections by purchase or condemnation. In event that said company, its successors or assigns, shall be unable to acqu ire any piece or parcel o f land n ecessary or expe dient fo r any of the purposes indicated in this Act, at a price deemed by it to be reasonable, then, and in such event The Philadelphia, Baltimore and Washington Railroad Company, its successors and assigns, is author- ized to acquire the same by condemnation proceedings to be insti- tuted in its own name by petition filed in the Supreme Court of the District of Columbia for the ascertainment of its value, in accord- ance with the provisions of sections 483 to 491, inclusive, of Chapter XVoftheActof Co ngre ss a ppro ved Marc h 3, 190 1, e ntit led "An Act to establish a code of law for the District of Columbia," as amended by the Act of Congress approved March 1, 1929, entitled "An Act to amend Chapter XV of the Code of Law for the District of Columbia, and for other purposes" (45 Stat . L . 1437), so far as the same may be applicable. SEc. 7. If and when the Commissioners of the District of Columbia shall d ecide to pave or repave a ny of th e street s over o r along which tracks are authorized to be constructed, the railroad company shall 1 So in original. 323 Location upon, along, or throu gh public space. Provisos. Exceptions. Res triction as to designated squ ar es. Plans for certain buildings su bj ect to ap- proval of Fine Arts Commission. Grade crossings. Application of exist- ing law respecting eli m- ination of. Vol. 44, p. 1352. Purchase or co n- demn ation of right of way. Vol .31, p .1265. Vol. 45, p. 1437. Co st of paving, etc .