Chapter 586. Granting to the Mobile, Jackson and Kansas City Railroad Company the right to use for railroad purposes the tract of land at Choctaw Point, Mobile County, Alabama, and now held for light-house purposes
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CHAP. 586.— An Act Granting to the Mobile, Jackson and Kansas City Railroad Company the right to use for railroad purposes the tract of land at Choctaw Point, Mobile County, Alabama, and now held for light-house purposes. April 23, 1902. [[Public, No. 80](/us/pl/57/80).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Choctaw Point, Ala. Right of way, etc., to Mobile, Jackson and Kansas City Railroad Company. That in consideration of provisions hereinafter contained there is hereby granted to the Mobile.
Jackson and Kansas City Railroad Company the right to build and construct wharves, docks, piers, and other structures for use in the operation of its railroad upon the tract of land at Choctaw Point, Mobile County, Alabama, and now held by the United States for lighthouse purposes, and to lay its tracks upon and over said wharves, docks, and piers: *Provided, however,* That at least three hundred feet of said*Proviso*.Reservation for light-house. wharves, docks, and piers shall be designated and set apart, subject to the approval of the Light-House Board, for the exclusive use of the United States for light-house purposes, which said wharves, docks, and piers so designated and set apart shall be maintained and kept inMaintenance of channel. repair by the said railroad company, and the water approaches thereto kept dredged at the United States dredged channel depth without cost to the United States.
Sec. 2. That within fifteen days after the approval of this Act theLight-House Board to approve plans, etc. said railroad company shall file with the Secretary of the Treasury complete plans showing the wharves, docks, and piers to be constructed, upon which shall be designated the portion of said proposed wharves, docks, or piers to be set apart for the use of the United States as provided in the first section of this Act, said plans, in so far as said wharves, docks, and piers are to be erected upon the lands of the United States, to be approved by the Light-House Board.
Sec. 3. That within thirty days from the approval of the plans asTime of construction. hereinbefore provided the said railroad company shall commence the construction of the said wharves, docks, and piers, and shall within five months from the commencement of the said work have completed and ready for use by the United States that portion of the said wharves, docks, and piers designated as hereinbefore provided for the use of the United States. Sec. 4. That the United States shall have free access at all timesFree access across tracks reserved. across the trucks of said railroad company by the most convenient route, to be determined by the Light-House Board, for pedestrians, drays, and wagons, for light-house purposes, to the end of the wharf or pier designated as hereinbefore provided: *Provided, however.* That*Provisos*.Right of possession reserved by the United States. the United States shall have the right at any time, in the discretion of the Secretary of the Treasury, to take possession, for public purposes, of said tract of land and the wharves, docks, piers, and other structures so built and erected upon the land of the United States, and the United States shall thereafter make the said railroad company just compensation for the said structures so made upon the land of the United States by the said railroad company, and so taken by the United States, and said compensation shall be paid as soon as theCompensation. amount thereof may. be determined in the manner hereinafter provided.
Should the Secretary of the Treasury and said railroad company beProceedings upon failure to agree. unable to agree as to the amount to be so paid by the Government,120 either party may bring proper proceedings in the circuit court of the United States at Mobile, in the State of Alabama, to ascertain and determine the amount of the liability of the United States: *And providedFailure of compliance by company. further,* That should the United States repossess itself of said land on account of failure of the railroad company to comply with the termsand provisions of this Act, then the United States shall not. be required to compensate the railroad company for said structures.
Approved, April 23, 1902.