Page:United States Statutes at Large Volume 45 Part 1.djvu/441

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390 Amendmen t. March 29, 1928. [H. R. 10424.] [Public, No . 222.] Missouri River . Jo hn C . Mullen, etc., may bridge , at Rulo, Nebr . Construction. Vol.34,p.84 . Post, p. 1524 . Right to acquire real estate, etc ., for location, approaches, etc . Condemnation pro - ceedings . Tolls authorized . Vol.34,p.85. Acquisition author- ized , aft er c omple tion, by Nebraska, Missouri, etc. Compensation if ac- quired by condemna- tion . SEVENTIETH CONGRESS . SESS . I. CHs. 291, 292. 1928 . any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though confe rred h erein direct ly upo n such corpor ation or per son . SEC. 8. The right to alter, amend, or repeal this Act is hereby expre ssly r eserve d . Approved, March 29, 1928 . CHAP . 292 .-An Act Authorizing John C . Mullen, T. L . Davies, John H. Hutc hings , and Virg il Fa lloon , all of Falls City, Nebraska, their heirs, legal repre senta tives , and assi gns, to co nstru ct, m ainta in, a nd op erate a br idge acros s the Missouri River at or near Rulo, Nebraska . Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That in order to faci litate inter state commer ce, im prove t he pos tal se rvice, and p ro- vide for military and other purposes, John C . Mullen, T . L. Davies, John H. Hutchings, and Virgil Falloon, their heirs, legal repre- sentatives, and assigns, be, and are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, at or near Rulo, Nebraska, in accordance 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 condi tions and li mitati ons co ntaine d in th is Act . SEC. 2 . That there is hereby conferred upon John C . Mullen, T. L . Davies, John H . Hutchings, and Virgil Falloon, their 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 cor porat ions for bridg e pu rpose s in the State in w hich 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 con- demnation or expropriation of property for public purposes in such Stat e. SEC. 3. That the said John C . Mullen, T. L. Davies, John H. Hutchings, and Virgil Falloon, their heirs, legal representatives, 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 legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906 . SEC. 4. That afte r the comp leti on of such bri dge, as de term ined by the Secretary of War, either the State of Nebraska, the State of Mi ssouri , any public agenc y or p olitica l subd ivisio n of e ither of such States, within or adjoining which any part of such bridge is locate d, or any tw o or m ore of them jointly , may at any time acquir e and take over all right, title, and interest in such bridge and its appro aches, and a ny int erest in rea l prope rty ne cessar y ther efor, by purc hase or b y con demn ation or e xprop riat ion, in ac cord ance 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 com- pletion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not i nclude good will, going value, or pro specti ve rev enues or