Chapter 258. Granting the consent of Congress to the Henderson Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Kanawha River at or near the town of Henderson, West Virginia, to a point opposite thereto in or near the city of Point Pleasant, West Virginia
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CHAP. 258.— An Act Granting the consent of Congress to the Henderson Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Kanawha River at or near the town of Henderson, West Virginia, to a point opposite thereto in or near the city of Point Pleasant, West Virginia.March 2, 1927.[[H. R. 16116](/us/bill/69/hr/16116).][[Public, No. 675](/us/pl/69/675).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the consentKanawha River.Henderson Bridge Company may bridge at Henderson, W.
Va. of Congress is hereby granted to Henderson Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Kanawha River at a point suitable to the interests of navigation between a point in or near the town of Henderson, West Virginia, and a point opposite thereto in or near the city of Point Pleasant, Mason County, West Virginia, in accordance with the provisions of the Act entitled “An Act toConstruction.Vol. 34, p. 84. 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. After the completion of such bridge, as determined by theAcquisition authorized, after completion, by West Virginia, etc. Secretary of War, either the State of West Virginia, 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 forCompensation if acquired by condemnation. public purposes by condemnation.
If at any time after the 1268expiration of twenty years after the completion of such bridge the same is acquired by condemnation, the amount of damages or Limitation.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 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. Tolls under State, etc., operation. If such bridge shall at any time be taken over or acquired by any municipality or other political subdivision or subdivisions of the State of West Virginia, under the provisions of section 2 of this Rates applied to operation, sinking fund, etc.Act, and if tolls are charged for the use thereof, the rates of toll 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 Maintenance as free bridge, etc., after amortuing costs.under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a 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 toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper care, repair, maintenance, and Record of expenditures and receipts.operation of the bridge and its approaches. An accurate 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. Sec. 4. Sworn statement of construction costs to be filed after completion. The Henderson Bridge Company, its 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. Investigation by Secretary of War.The Secretary of War may at any time within three years after the completion of such bridge investigate the actual cost of constructing the same, and for such purpose the said Henderson Bridge Company, its successors and assigns, shall make available all of its records in Findings of Secretary conclusive.connection with the financing and the construction thereof. The findings of the Secretary of War, 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. Right to sell, etc., conferred. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to Henderson Bridge 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. Amendment. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 2, 1927.