768
SEVENTIETH CONGRESS . SEss . I. CH. 781. 1928 . and its approaches, and any interest in real property necessary there- Co ndem nati on pro " for, by purchase or by condemnation or expropriation, in accordance ceedings .
with the laws of such State governing the acquisition of private p ropert y for public purp oses b y cond emnat ion or expro priati on . Compensation if ac- If at any time after the expiration of twenty years after the com- o
by con demn a- t
pletion of such bridge the same is acquired by condemnation or ton . expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues, or Limitations . profit, but shall be limited to the sum of (1) the actual cost of con- structing such bridge and its approaches, less a reasonable deduc- tion for actual depreciation in value ; (2) the actual cost of acquir- ing such interests in real property ; (3) actual financing and promo- tion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such inter- ests in real property ; and (4) actual expenditures for necessary improvements . To lls under Sta te, SEC. 3 . If such bridge shall at any time be taken over or acquired etc ., operation .
by the State of West Virginia or by any municipality or other political subdivision or public agency thereof, under the provisions Rates applied to op- of section 2 of this Act, and if tolls are thereafter charged for the eration, sinking fun d, use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical man- agement and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing co st, as soon a s possi ble un der rea sonable charg es, but within a per iod of not to exceed twenty years from the date of acquiring the same . Maintenance as free bridge, etc ., after agar- After a sinking g fund sufficient for such amortization shall have been tiling costs . s o provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches Re cord of e xpen di- under economical management. An accurate record of the amount tares and receipts • paid for ac uirin the bridge and its approaches, the actual expendi- tures for maintaining, repairing, and orating he same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested . Sworn statement of SEC .4. J . H . Harvell, his heirs, legal representatives, and assigns, construction costs, etc ., to be filed after com- shall within ninety days after the completion of such bridge file with pletion . the Secretary of War and with the highway d epartment of the State of West Virginia, a sworn, itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and Examination by Sec- the actual financing and romotion costs . The Secretary of War rotary of war . may, and at the request of the highway department of the State of West Virginia shall, at any time within three years after the com- pletion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual reasonable cost of constructing, financing, and promoting such bridge. For the purpose of such investigation the said J . H . Harvell, his heirs, legal represe ntative s, and assign s shall make a vailab le all of its record s in connection with the construction, financing, and promotion thereof . Findings of Secre- tart' conclusive .
The findings of the Secretary of War as to the reasonable costs of the . construction, financing, and promotion of the bridge shall be con- clusive for the purposes mentioned in section 2 of this Act, subject only to review in a court of equity for fraud or gross mistake . n eoerr edto sell , etc .,
SEC . 5 . The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted toJ.H . Harvell, his heirs, legal representatives, and assigns, and
�
