Page:United States Statutes at Large Volume 45 Part 1.djvu/1229

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SEVENTIETH C ONGRESS . SEss . II. CH. 206 . 1929 . February 15,1929.

CHAP . 206 .-An Act Authorizing Elisha N . Goodsell, his heirs, legal rep re- [s .4560 .] sen tatives, and assigns, to construct, maintain, and operate a b ridge across Lake [Public, No. 750 .] Champlain between a point at or near Rouses Point, New York, and a point at or near Alburgh, Vermont . Lake

Be it enacted by the Senate and House of Representatives of the Ch ampl ain . El isha N . Good sell United States of America in Congress assembled, That in order to masesbringe,V from facilitate interstate commerce, improve the postal service, and pro- u, Vt . vide for military and other purposes, Elisha N . Goodsell, of Alburgh, Vermont, his heirs, legal representatives, and assigns, be, and he is hereby, authorized to construct, maintain, and operate a bridge and approaches the reto across L ake Champlain , at a point s uitable to the interests of navigation, between a point at or near Rouses Point, Construction.

New York, and a point at or near Alburgh, Vermont, in accordance Vol.34,p. 54. with the provisions of the Act entitled "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 . Right to acquire real SEC . 2 . There is hereby conferred upon Elisha N . Goodsell, his estate, etc ., for location, approaches, etc . heirs, legal representatives, 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 Cond emnation pr o- such State, and the proceedings therefor shall be the same as in ceedings .

condemnation or expropriation of property for public purposes in such State . Tolls authorized . SEC . 3 . The said Elisha N . Goodsell, his heirs, legal representa- tives, and assigns are hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the Vol .34,p .85 .

legal rates until changed by the Secretary of War under the author- ity contained in the Act of March 23, 1906 . Acquisition author- SEC . 4. After the completion of such bridge, as determined b the ized, after completion,

y by New York, ver- Se cret ary of Tar, either the State of New York, the State of Ver- mont, etc' mont, 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 purchas e or condemna tion or exprop riation, in a ccordance with the laws of either of such States governing the acquisition of private quired b Compensation co ifondemae-- property for public purposes by condemnation or expropriation .If na tio n, 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 Limitations not include good will, g oing va lue, o r prosp ective revenu es or p rofits, 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 interests in real property ; and (4) actual expenditures for necessary improvements . Tolls under state, SEC. 5. If such bridge shall at any time be taken over or acquired etc ., operation .

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 Rates appli ed to op- are thereafter charged for the use thereof, the rates of toll shall be eration, sinking fund, etc .

so adjusted as to provide a fund sufficient to pay for the reasonable