Chapter 305. To provide for the elimination of the Michigan Avenue grade crossing in the District of Columbia, and for other purposes
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CHAP. 305.— An Act To provide for the elimination of the Michigan Avenue grade crossing in the District of Columbia, and for other purposes.March 3, 1927.[[S. 2322](/us/bill/69/s/2322).][[Public, No. 708](/us/pl/69/708).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District of Columbia.Viaduct directed for Michigan Avenue, over Baltimore and Ohio Railroad tracks. That the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to construct a viaduct and approaches to carry Michigan Avenue over the tracks and right of way of the Baltimore and Ohio Railroad Company in accordance with plans 1352 and profiles of said works, to be approved by the said commissioners: *Proviso*.Railroad to pay one-half of cost.*Provided*, That one-half of the total cost of constructing the said viaduct and approaches shall be borne and paid by the said railroad company, its successors and assigns, to the collector of taxes of the District of Columbia, to the credit of the District of Columbia, and the same shall be a valid and subsisting lien against the franchises and property of the said railroad company and shall constitute a legal indebtedness of said company in favor of the Enforcement.District of Columbia, and the said lien may be enforced in the name of the District of Columbia by a bill in equity brought by the said commissioners in the Supreme Court of the District of Columbia, or by any other lawful proceeding against the said railroad company.
Sec. 2. Payment by street railways for use of viaduct.That no street railway company shall use the said viaduct or any approaches thereto herein authorized for its tracks until the said company shall have paid to the collector of taxes of the District of Columbia a sum equal to one-fourth of the cost of said viaduct and approaches, which sum shall be deposited to the credit of the District of Columbia. Sec. 3. Amount authorized to be appropriated.That for the purpose of carrying into effect the foregoing provisions, the sum of $275,000 is hereby authorized to be appropriated, payable in like manner as other appropriations for the expenses of the government of the District of Columbia, and the said commissioners are authorized to expend such sum as may be necessary for personal services and engineering and Acquiring necessary land.incidental expenses.
The said commissioners are further authorized to acquire, out of the appropriation herein authorized, the necessary land or any portion of same within the limits of Michigan Avenue as shown on the recorded highway plan, by purchase at such price or prices as in their judgment they may deem reasonable and fair, or, in Condemnation.Vol. 34, p. 151.the discretion of the commissioners, by condemnation in accordance with the provisions of subchapter 1 of Chapter XV of the Code of Law for the District of Columbia under a proceeding or proceedings in rem instituted in the Supreme Court of the District *Proviso*.Not less than one-half of damages awarded to be assessed as benefits.of Columbia: *Provided, however*, That of the entire amount found to be due and awarded by the jury as damages for, and in respect of, the land to be condemned to carry the provisions of this Act into effect, plus the costs and expenses of the proceeding or proceedings taken pursuant hereto, not less than one-half thereof shall be assessed by the jury as benefits, the amounts collected as benefits to be covered into the Treasury of the United States, to the credit of the District of Columbia.
Sec. 4. Closing of Michigan Avenue forever after viaduct completed.That from and after the completion of the said viaduct and approaches the highway grade crossing over the tracks and the right of way of the said Baltimore and Ohio Railroad Company at Michigan Avenue in the District of Columbia shall be forever closed against further traffic of any kind. Approved, March 3, 1927.