Page:United States Statutes at Large Volume 46 Part 1.djvu/838

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SEVENTY-FIRST C ONGRESS . SESS. II. CH. 566. 1930 .

795 SEC. 2 . After the completion of such bridge, as determined by the ac Rig hts, e c, may be Secretary of War, either the State of Maryland, any political sub- etc ., after completion. division thereof within or adjoining which any part of such bridge is located, or any two or mo re of them jointly, may at any time acqu ire and t ake over a ll right, title, an d interest in such b ridge and its approaches and any interests in real property necessary therefor, by purchase or condemnation in accordance wi th the laws of such nat Purchase or condem- St ate g over ning the acqui siti on of pri vate prop erty for publi c pu r- poses by condemnation . If at any time after the expiration of twenty years after the completion of such bridge and its approaches acgmea hr llo wed c on- the same is acquired by condemnation, the amount of damages or demnation. 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 fin ancing an d promoti on cost, not to e xceed 10 per centu m of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property ; and (4) act ual e xpen di- tures for necessary improvements . SEC . 3 . If such bridge shall at any time be taken over or acquired state cono. under by any municipality or other political subdivision or subdivisions of the State of Maryland under the provisions of section 2 of this Act, and if tolls are charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the cost of maintaining, repairing, and operat ing the bridge and its approaches, and to provide a sinking fund sufficient to amortize the amount paid for such bridge and its approaches as soon as possible under reasonable charges, but within a period of not to exceed twenty Maintenance as free years from the date of acquiring the same . After a sinking fu nd ttolllsgadjusted the reaf ter , suf ficient t o amortiz e the co st of acq uiring th e bridge and its operation, etc ., costs . approaches shall have been 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 care, repair, maintenance, and oper- ati on of the bride an d its ap proaches . An accurate record of the Record of eapendi ° g

tares and receipts . amount paid for the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of daily tolls collected shall be kept and shall be available for the information of all persons i nterested .

Statement of con- SEC. 4. The Tidewater Toll Properties (Incorporated), its legal struction, etc., costs to representatives and assigns, shall, within ninety days after the be filed. completion of such bridge, file with the Secretary of Wa r, and wi th the hi ghwa y de part ment of the S tate of M aryl and, a sw orn itemized statement showing the actual original cost of construct- ing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financ- ing and promotion costs . The Secretary of War may, and at the by Secre ary o f War. request of the highway department of the St ate of Ma ryl and shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the rea sonablene ss of the costs a lleged in the stat ement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge ; for the pu rpo se of such investigation the said Tidewater Toll properties (Incorporated), its legal representatives and assigns, shall make available all records in connection with the construction, financing, ablleecoras to be avail- and promotion thereof . The findings of the Secretary of War as Findings c onc lusi ve . to the reasonable costs of the construction, financing, and promo- tion of the bridge shall be conclusive for the purposes mentioned