Chapter 591. Granting the consent of Congress to the J
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CHAP. 591.— An Act Granting the consent of Congress to the J. R. Buckwalter Lumber Company to construct a bridge across Peart River in the State of Mississippi.June 15, 1926. [[H. R. 7188](/us/bill/69/hr/7188).] [[Public, No. 396](/us/pl/69/396).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Pearl River.J. R. Buckwalter Lumber Company may bridge, at Edinburg, Miss. That the consent of Congress is hereby granted to the J.
R. Buckwalter Lumber Company, its successors and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Pearl River at a point suitable to the interests of navigation at or near Edinburg, Leake County, Mississippi, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigableConstruction.Vol. 34, p. 84. waters,” approved March 23, 1906. Sec. 2. After the completion of such bridge, as determined by theAcquisition by Mississippi, etc., authorized, after completion.
Secretary of War, either the State of Mississippi, any political sub-division 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 purposes by condemnation.
If at any time after the expiration of twenty-five years after the completion of such bridge the same is acquired by condemnation, the amount of damages or compensation to be allowedDetermination of compensation if acquired by condemnation.Limitation. 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 or 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 as toll bridge, etc., if acquired by a municipality, etc. by any municipality or other political subdivision or subdivisions of the State of Mississippi under the provisions of section 2 of this 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 under reasonable charges, but within a period of not to exceed twenty-five years from the date of acquiring the same. After a sinking fund sufficientMaintenance as free bridge, etc., after amortization of construction costs, etc. 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 accurate record of the amount paid forRecord of expenditures and receipts. 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. The J. R. Buckwalter Lumber Company, its successors,Sworn statement of construction costs, etc., to be filed after completion. and assigns shall within ninety days after the completion of such bridge file with the Secretary of War a sworn itemized statement 749showing 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 arid promotion cost. The Secretary of War may at any time within three years afterInvestigation by Secretary of War. the completion of such bridge investigate the actual cost of constructing the same, and for such purpose the said J. R. Buck waiter Lumber 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 War, as to the actualFindings of Secretary conducive. 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 sell, etc., conferred. rights, powers, and privileges conferred by this Act is hereby granted to J. R. Buckwalter Lumber 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.Amendment. Sec. 6. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, June 15, 1926.