Page:United States Statutes at Large Volume 46 Part 1.djvu/1237

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SEVENTY-FIRST C ONGRESS . SESS. III . CH. 240 . 1931 . Construction .

to construct, maintain, and operate a bridge and approaches thereto across the Columbia River, at a point suitable to the interests of Vol .34,p .84. n avi gat ion at or near The Dalles, Or ego n, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges ov er navigable waters," approved March 23, 1906, and Right to acquire reai subject to the conditions and limitations contained in this Act . estate, etc .,forlocation ,

SEC. 2. There is hereby conferred upon Dalles City, a municipal etc° corpo rati on, i ts s ucces sors and assi gns, all such righ ts an d po wers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construc- tion, 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 Con demnatio n p ro- real estate or property is situated, upon making just compensation ceedings . therefor, to be ascertained and paid according to the laws of such Sta te, and the pro cee din gs the ref or sha ll be the s ame as in the c ondemnati on or ex propriati on of pro perty fo r public purposes in such State . Vol . 4 ,1p . 85. S E C . 3 . The sai d Dalles C ity, a mun icipal co rporation, its succe ssors and assigns, is 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 Acquisition by Ore- in the Act of March 23, 1906 . gon, Washington, etc., SEC . 4 . After the completion of such bridge, as determined by the af ter com ple tion .

S ecretary of War, either the State of Oregon, the State of Wash- ington, 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 cond emnation .

and any interest in real property necessary therefor, by purchase or by condemnation or exp rop ria tio n, in ac cor dan ce with the laws of compensation it ac- either of such States governing the acquisition of private property bo ned by con demn s° ti on . for pub lic purposes by condemnation or expropriation. If at any time after the expiration of fifteen years after the completion of such bridge the same is acquired by condemnation or expropriation, Limi tations . the am ount of damag es or co mpen satio n to be allow ed s hall 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 interest 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 interest in real Toll s under state, property ; and (4) actual expenditures for necessary improvements . etc., operation. SEC. 5. If su ch bridge shall be taken over or acquired 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 are Rate s applied to thereafter charged for the use thereof, the rates of toll shall be so operation, sinking fund, adjusted as to provide a fund sufficient to pay for the reasonable cost et 0' of maintaining ; repairing, and operating the bridge and its approaches under economical management and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing cost, as soon as possible under Maintenance as f ree bridge after costs amor- reasonable charges but within a period of not to exceed fifteen years tized . from the date of acquiring the same . After a sinking fund sufficient for such amortization 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