Page:United States Statutes at Large Volume 45 Part 1.djvu/333

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

282 March 10, 1928. [Ii . R . 6476.] [Public, No . 126 .] Mississippi River . Wabasha Bridge Committee may bridge, at Wabasha, Minn . Const ruction . Vol .34,p.84. Right to acquire real estate, etc ., for location, approaches, etc . Condemnation pr o- ceedings . Tolls authorized . Vol.34,p .85 . Acquisition author- ize d, a fter comp letio n, by Minnesota, Wiscon- sin, etc. Compensation if ac- quired by condemna- tion . Limitations . Tol ls un der stat e, etc., operation . Rates app lied to op- eration, sinking fund, et c. SEVENTIETH CONGRESS . SESS. I. Cri. 171 . 1928 . CHAP. 1 71 .-An Act Autho rizin g th e Wab asha Brid ge Co mmitt ee, Wabas ha, Minnesota, to construct, maintain, and operate a bridge across the Mississippi River at or near Wabasha, Minnesota . Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to facilitate interstate commerce, improve the Postal Service, and provide for military and other purposes, Wabasha Bridge Committee, Wabasha, Minnesota, its successors and assigns, be, and is hereby, auth orized to construct, maintain, and opera te a bridge and approac hes th ereto across the M ississ ippi Ri ver, a t a po int su itable to the interests of navigation, at or near the city of Wabasha, M innes ota, in a ccord ance with the provi sions of the A ct en titl ed "An 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 . SEC . 2 . There is hereby conferred upon Wabasha Bridge Com- mittee, Wabasha, Minnesota, 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 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. SEC. 3 . The said Wabasha Bridge Committee, Wabasha, Minnesota, it s success ors and a ssigns, i s hereby authoriz ed to fix and char ge 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 . SEC . 4. After the completion of such bridge, as determined by the Secretary of War, either the State of Minnesota, the State of Wis- con sin, a ny pub lic ag ency o r poli tical subdivi sion o f eith er of such St ates, within or ad joinin g whic h any part of the b ridge is loc ated, 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 app roache s, and any i nteres t in r eal pr operty necess ary th erefor , by purchase or by . condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation . If at any time after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropria- tion, the amount of damages or compensation to be allowed 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 such 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 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 prop- erty, and (4) actual expenditures for necessary improvements . SEC. 5 . If such bridge shall be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of main- taining, repairing, and operating the bridge and its approaches