Chapter 242. Granting the consent of Congress to George WashingtonWakefield Memorial Bridge, a corporation, to construct a bridge across the Potomac River
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CHAP. 242.— An Act Granting the consent of Congress to George WashingtonWakefield Memorial Bridge, a corporation, to construct a bridge across the Potomac River.May 5, 1926.[[H. R. 8908](/us/bill/69/hr/8918).][[Public, No. 182](/us/pl/69/182).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Potomac River.George WashingtonWakefield Memorial Bridge may bridge. That tire consent of Congress is hereby granted to the George Washington-Wakefield Memorial Bridge, a corporation, chartered under the laws of the State of Virginia, its successors and assigns, to construct, maintain, and operate a highway or combined highway and railroad bridge and approaches thereto across the Potomac River at a point suitableLocation in Virginia and Maryland. to the interests of navigation from a point in the vicinity of Dahlgren, in the northeastern end of King George County, in the State of Virginia, to a point south of Popes Creek, in the county of Charles, in the State of Maryland, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridgesConstruction.Vol. 34, p. 84. over navigable waters,” approved March 23, 1906, and subject to the conditions and limitations contained in this Act.
Sec. 2. There is hereby conferred upon the said George Washington-WakefieldPower to acquire land for approaches, etc., conferred. Memorial Bridge, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, appropriate, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches and terminals as are possessed by railroad corporations for railroad purposes, or by bridge corporations for bridge purposes in the State or States in which such real estate and other property are located upon making just compensation therefor to be ascertained and paid according to the laws of such State or States, and the proceedings therefor shall be the same as inCondemnation, etc. the condemnation and expropriation of property in such State or States.
Sec. 3. The said George Washington-Wakefield Memorial Bridge,Tolls authorized.Vol. 34, p. 86. its successors and assigns, are hereby authorized to fix and charge tolls for transit over such bridge, and the rates so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in such Act of March 23, 1906. Sec. 4. After the date of completion of such bridge, as determinedAcquisition authorized, after completion, by Virginia, Maryland, etc. by the Secretary of War, either the State of Virginia, the State of Maryland, any 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 approaches, and interests in real property necessary therefor, by purchase, or by condemnation in accordance with the law of either of such States governing the acquisition of private property for public purposes by condemnation.
If at any time after the expiration of twenty years after theCompensation if acquired by condemnation. completion of such bridge it is acquired by condemnation, the amount of damages or compensation to be allowed shall 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 suchLimitation. bridge and approaches, less a reasonable deduction for actual 399 depreciation in respect of such bridge and approaches,
(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 construction of such bridge and approaches and the acquisition of such interests in real property), and
(4)actual expenditures for necessary improvements. Sec. 5. The said George Washington-Wakefield Memorial Bridge,Sworn statement of costs to be Hied after completion. its succesors 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 approaches including the actual cost of acquiring interests in real property and actual financing and promotion costs. Within three years after the completion of such bridge, the SecretaryInvestigation by Secretary of War. of War may investigate the actual cost of such bridge, and for such purpose the said George Washington-Wakefield Memorial Bridge, its successors and assigns, shall make available to the Secretary of War all of its records in connection with the financing and construction thereof. The findings of the Secretary of WarFindings of Secretary. as to such actual original cost shall be conclusive subject only to review in a court of equity for fraud or gross mistake. Sec. 6. If such bridge shall he taken over and acquired by the StatesOperation as toll bridge if acquired by State, etc. or political subdivisions thereof under the provisions of section 4 of this Act, the same may thereafter be operated as a toll bridge; in fixing the rates of toll to be charged for the use of such bridge, the same shall be so adjusted as to provide as far as possible a sufficient fund to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, to pay an adequate return on the cost thereof, and to provide a sinking fund sufficient to amortize the amount paid therefor within a period of not to exceed thirty years from the date of acquiring the same. After a sinking fund sufficientMaintenance, etc., after amortization of costs. to pay the cost of acquiring such bridge and its approaches shall have been provided, the bridge shall thereafter be maintained and operated free of tolls or the rates of toll shall be so adjusted as to provide a fund not to exceed the amount necessary for the proper care, repair, maintenance, and operation of the bridge and its approaches. An accurate record of the amount paid for acquiringRecord of receipts and expenses. the bridge and its approaches, the expenditures for operation, repairing, and maintaining the same, and of the daily tolls collected shall be kept and shall be available for the information of all per-sons interested. Sec. 7. The right to sell, assign, transfer, and mortgage all theAuthority to sell, etc. rights, powers, and the privileges conferred by this Act is hereby granted to the said George Washington-Wakefield Memorial Bridge, is successors and assigns, and any corporation to which such rights, powers, and privileges may be sold, assigned, or transferred, or which 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. Sec. 8. The right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, May 5, 1926.