Chapter 243. Granting the consent of Congress for the construction of a bridge across the Mississippi River at or near Louisiana, Missouri
1,159 words·~5 min read·
/statutes-at-large/vol-44/chapter-243-18896580·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 243.— An Act Granting the consent of Congress for the construction of a bridge across the Mississippi River at or near Louisiana, Missouri.May 5, 1926.[[H. R. 8918](/us/bill/69/hr/8918).][[Public, No. 183](/us/pl/69/183).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Mississippi River.Charles G. Buffum, etc., may bridge, at Louisiana, Mo. That the consent of Congress is hereby granted to Charles G. Buffum, Andrew J.
Murphy, Lloyd Stark, and W. J. Garner, their heirs, legal repre400 sentatives, and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, beginning at or near the city of Louisiana, Pike County, Missouri, and extending to a point opposite, in Pike County, Illinois, in accordance with the provisions of the ActConstruction. entitled “An Act to regulate the construction of bridges over navigableVol. 34, p. 84. 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 Charles G.Power to acquire lands, etc., for approaches, etc. Buffum, Andrew J. Murphy, Lloyd Stark, and W. J. Garner, their heirs, legal representatives, 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 sameCondemnation proceedings. as in the condemnation and expropriation of property in such State or States.
Sec. 3. The said Charles G. Buffum, Andrew J. Murphy, LloydTolls authorized. Stark, and W. J. Garner, their heirs, legal representatives, 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 Missouri, Illinois, etc. by the Secretary of War, either the State of Missouri, the State of Illinois, 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 the completionCompensation if acquired by condemnation. 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 such bridgeLimitation. and approaches, less a reasonable deduction for actual 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 Charles G. Buffum, Andrew J. Murphy, LloydSworn statement of costs to be filed after completion. Stark, and W. J. Garner, their heirs, legal representatives, 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 theInvestigation by the Secretary of War. completion of such bridge, the Secretary of War may investigate the actual cost of such bridge, and for such purpose the said Charles G Buffum, Andrew J. Murphy, Lloyd Stark, and W. J. Garner, their heirs, legal representatives, and assigns, shall make available to the 401 Secretary of War all of their records in connection with the financing and construction thereof. The findings of the Secretary of War asFindings of Secretary conclusive. 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 be taken over and acquired by theOperation as toll bridge if acquired by States, etc. States 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 rules 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 sinkingMaintenance, etc., after amortization of costs. fund sufficient 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 amountRecord of all expenditures and receipts. paid for acquiring 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 persons 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 Charles G. Buffum, Andrew J. Murphy, Lloyd Stark, and W. J. Garner, their heirs, legal representatives, 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.