Page:United States Statutes at Large Volume 44 Part 2.djvu/775

SIXTY-NINTH CONGRESS. Sess. I. CH. 567. 1926. 735 CHAP. 58'7.·~—An Act Authorizing the construction of a bridge across the J¤¤•12.1W6- Ohio River apgrorimately midway between the city of Owensboro. Kentucky, and Rockport, ndiana. b“°· °· - Be it enacted by the Senate and H ease of Representatives of the United States of America in Oongress assembled, That the consent gf,“g§g'°,{; Funk, of Congress is hereby granted to Edward T. Franks, his legal may b¤ds¤.`be¤w·><»¤ representatives, and assigns, to construct, maintain, and operate a §Z,‘{‘,,°,i`,?,{°{¤§"’ °”d bridggvand approaches thereto across the Ohio River at a oint suita le to the interests of navi tion between the cit of Owensboro, Daviess County, Kentucky, andulloclpport, Spencer (lounty, Indiana, $§{‘“‘,{"f,“g§_· in accordance with the provisions o the Act entitled, "An Act to P¤•i.¤Y1i42· regulate the construction of bridges over navi ble waters," approved March 23, 1906, and subject to the conrgtions and limitations contained in this Act. _ Sno. 2. There is hereby conferred upon the said Edward T. ,,,,};}§{"f,‘{c'j‘f’°‘},§§°’$'_ Franks, his legal representatives, and assigns all such rights and r·¤>¤¢¤¤¤.¤¢¢- powers to enter upon lands and to acquire, condemn occupy, possess, ° and use real estate and other property needed ior the location, construction, plperation, and maintenance of such bridge and its approaches an terminals, as are iossessed by railroad corporations for railroad urpeoses or by bridge corporations for bridge pur- poses in the Sta 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 ,,$§§2§m°°°i°° °'°' therefor shall be the same as in the condemnation and expropriation oféiroperty in such State. _ _ hm mm, od, so. 3. I`he said Edward T. Franks, his legal re reseutatives, ' and assiglns, is hereby authorized to fix and charge tolls for transit over suc bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority V, contained in the Act of March 23, 1906. . `° ' °4’°’ B°‘ Sno. 4. After the completion of such bridge, as determined by i¤§d°ii`;i$iiisZ`E¤si`§€h$Z the Secretary of War, either the State of Kentucky, the State of %§§,‘}’g;,°°°·· '“°' °°m* Indiana, any 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 'ointly, 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 t ierefor, by purchase or by condemnatiolp in accordancefwith the laws of e¥her oglsuch States overning t e acquisition o private roperty or u ic u oses Ey condemnation. If at any time eager the expir£ion oi)t:v¥)entyg¤(iz°Qa‘i1pi3'i“sti>i»!iisii¤·i>- years after the completion of such bridge the same is acquired by °“· condemnation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues Limmum or profits, but shal be limited to the sum of (1) the actual cost of constructing such bridge and its ap roaches, ess a reasonable deduction for actual depreciation in vaihe, (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 an its approaches and acquiring such interest in real property, and (4) actual expenditures for necessary improvements. ` U b B Sno. 5. If such bridge shall be taken over or acquired by the gi: bildigwi States or political su ivisions thereof as provided in section 4 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 suiiicient to ay for the cost of maintaining, repairing, and operating the bridge and its approaches, to pay an adequate return on the cost thereof, and to provide a sinking fund suilicient to amortize the amount paid there- or as soon as possible under reasonable charges, but within a