Chapter 200. Granting the consent of Congress to Dauphin Island Railway and Harbor Company, its successors and assigns, to construct, maintain, and operate a railroad bridge and approaches thereto and/or a toll bridge across the water between the mainland at or near Cedar Point and Dauphin Island
1,112 words·~5 min read·
/statutes-at-large/vol-44/chapter-200-22413713·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 200.— An Act Granting the consent of Congress to Dauphin Island Railway and Harbor Company, its successors and assigns, to construct, maintain, and operate a railroad bridge and approaches thereto and/or a toll bridge across the water between the mainland at or near Cedar Point and Dauphin Island.February 25, 1927. [S. 5596.] [Public, No. 648.] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Mobile Bay.Dauphin island Railway and Harbor Company may bridge between Cedar Point and Dauphin Eland, Ala.Vol. 36, p. 808.
That the consent of Congress is hereby granted to Dauphin Island Railway and Harbor Company, its successors and assigns, to construct, maintain, and operate a railroad and/or highway bridge and approaches thereto, at a point suitable to the interests of navigation, between Cedar Point and Dauphin Island, Little or Big, Mobile County, Alabama, in accordance with the provisions of an Act entitled “An Construction.Vol. 34 p. 84.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.
Sec. 2. Acquisition authorized, after completion, by Alabama, etc.After the completion of such bridge, as determined by the Secretary of War, either the State of Alabama, any political subdivision thereof 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 interests in real property necessary therefor, by purchase or condemnation in accordance with the laws of such State governing the acquisition of private property for public Compensation, if acquired by condemnation.purposes by condemnation.
If at any time after the expiration of twenty 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 any allowance for good will, going value, 1243 or prospective revenues or profits, but shall be limited to the sumLimitation. 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 cost, 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 property, and
(4)actual expenditures for necessary improvements. Sec. 3. If such bridge shall at any time be taken over or acquiredOperation by State, etc., as a toll bridge. by any municipality or other political subdivision or subdivisions of the State of Alabama under the provisions of section 2 of this Act, and if tolls are charged for the use thereof, the rates of tollRates applied to operation, sinking fund, etc. shall be so adjusted as to provide a fund sufficient to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, and to provide a sinking fund sufficient to amortize the amount paid for such bridge and its approaches as soon as possible under reasonable charges, but within a period of not to exceed twenty-five years from the date of acquiring the same. After aMaintenance as free bridge, etc., after amortization of costs. sinking fund sufficient to amortize the cost of acquiring the bridge and its approaches shall have been provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of tolls shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper care, repair, maintenance, and operation of the bridge and its approaches. An accurateRecord of expenditures and receipts. record of the amount paid for the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of daily tolls collected shall be kept and shall be available for the information of all persons interested. The provisions of sections 2 and 3 of this Act shall not be applicableToll provisions not applicable if bridge used for railway, etc. in the event that the bridge constructed under authority hereof shall be designed, constructed, and used for railway or combined railway and highway purposes and connection be made or provided for between the same and a carrier on the mainland subject to the Interstate Commerce Act. Sec. 4. The Dauphin Island Railway and Harbor Company, itsSworn statement of construction costs, etc, to be filed after completion. successors and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War a sworn itemized statement showing the actual original cost of constructing such bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion cost. The Secretary of War may at any time withinInvestigation by Secretary of War. three years after the completion of such bridge investigate the actual cost of constructing the same, and for such purpose the said Dauphin Island Railway and Harbor Company, its successors and assigns, shall make available all of its records in connection with the financing and the construction thereof. The findings of the Secretary of WarFindings by Secretary conclusive. as to the actual original cost of the bridge shall be conclusive, subject only to review in a court of equity for fraud or gross mistake. Sec. 5. The right to sell, assign, transfer, and mortgage all theRight to soil, etc. conferred. rights, powers, and privileges conferred by this Act is hereby granted to Dauphin Island Railway and Harbor Company, its successors and assigns, and 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 conferred herein directly upon such corporation or person. Sec. 6. That, the United States having discontinued and sold toOption to repurchase lands by the Government, waived. the city of Mobile. Alabama, the military reservation on Dauphin 1244 Island and having no further present interest in the acquisition of lands on said island, the conditions and options to repurchase reserved to the United States by that certain deed dated, to wit, September 18, 1911, executed by the Assistant Secretary of War conveying certain lands to said Dauphin Island Railway and Harbor Vol. 36, p. 1350.Company under authority of the Act approved March 4, 1911, are hereby waived and discharged. Sec. 7. Amendment.The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 25, 1927.