Page:United States Statutes at Large Volume 49 Part 1.djvu/1099

 105 4 74 TH CONGRESS. SESS. I. CH. 833 . AUGUST 30, 1935. in subsection (d) of this section, subject only to review in a court of e city for fraud or gross mistake. Rghttd to sell, etc., (g q) The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted M. R. Carpenter, his heirs, legal representatives, and assigns, and any corporation to which ,or any person to whom such rights, powers, and privile ges may be sold, assig ned, or transfe rred, or who sh all acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conf erred h erein di rectly upon su ch corpo ration or perso n. Ohio River at Wells. burg, w. Va. OHIO RIVER AT WELLSBU RG, WEST VI RGINIA SEC. 4. (a) That in order to facilitate interstate commerce, improve the postal service, and provide for military and other purposes the Brookewell Bridge 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 navigation, at or near Wellsburg, West vois 3 S 4, °t n'.os4; u. S. Virginia, in accordance with the provisions of the Act entitled "An C., p. 1474. Act to regulate the construction of bridges over navigable waters ", approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Acquisition of ap- proa ches, etc. (b) There is hereby conferred upon the Brookewell Bridge Com- pany, its successors and assigns, 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 corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compen- sation 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. TOE (c) The said Brookewell Bridge Company, its successors and C .,p.1474p 85, u. S. assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of tolls so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906. Ac qui sit ion afte r pr compie- au- thorized after (d) After the completion of such bridge, as determined by the tion by West Virginia, Secretary of War, either the State of West Virginia, the State of Ohio, etc' Ohio, 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 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 prop erty for public purpos es by condemnation or expropriation. only dtedness, If at any time after the expiration of five years after the completion etc ., for construc tion, of such bridge the same is acquired by condemnation or expropria- etc. tion, the amount of damages or compensation to be allowed shall not include goodwill, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such brid ge an d it s app roac hes, less a re ason able dedu ction for actu al 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 constructing the