Chapter 194. Granting the consent of Congress to the New Martinsville and Ohio River Bridge Company (Incorporated), to construct, maintain, and operate a bridge across the Ohio River, at or near New Martinsville, West Virginia

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Chap. 194: Granting the consent of Congress to the New Martinsville and Ohio River Bridge Company (Incorporated), to construct, maintain, and operate a bridge across the Ohio River, at or near New Martinsville, West Virginia. 1928-03-10 194 Chapter 45 Stat. 297 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 1 public Chapter 194.— An Act Granting the consent of Congress to the New Martinsville and Ohio River Bridge Company (Incorporated), to construct, maintain, and operate a bridge across the Ohio River, at or near New Martinsville, West Virginia.

March 10, 1928.[[S. 2801](/us/bill/70/s/2801).][[Public, No. 149](/us/pl/70/149).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the consentOhio River.New Martinsville and Ohio River Bridge Company may bridge, at New Martinsville, W. Va. of Congress is hereby granted to the New Martinsville and Ohio River Bridge Company (Incorporated), its successors and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Ohio River at a point suitable to the interests of navigation at or near New Martinsville, Wetzel County, West Virginia, in accordance with the provision of the Act entitled “An Act to regulateConstruction.Vol. 34, p. 84. the construction of bridges 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 New Martinsville andRight to acquire real estate, etc., for location, approaches, etc. Ohio River Bridge Company (Incorporated), its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property298needed 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 in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the Condemnation proceedings.proceedings therefor shall be the same as in the condemnation and expropriation of property in such State.

Sec. 3. Tolls authorized. The said New Martinsville and Ohio River Bridge Company (Incorporated), its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary Vol. 34, p. 85.of War under the authority contained in the Act of March 23, 1906. Sec. 4. Acquisition authorized, after completion, by West Virginia, Ohio, etc. After the completion of such bridge, as determined by the Secretary of War, either the State of West Virginia, the State of Ohio, 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 its approaches, and any interest in real property necessary therefor, by purchase or by condemnation in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation.

Compensation if acquired by condemnation.If at any time after the expiration of twenty years after the completion of such bridge the same 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 Limitations.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 costs, 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. 5. Tolls under State, etc., operation. If such bridge shall be taken over or acquired by the States or political subdivisions thereof as provided in section 4 of Rates applied to operation, sinking fund, etc.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, to pay an adequate return on the cost thereof, and to provide a sinking fund sufficient to amortize the amount paid therefor as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring Maintenance as free bridge, etc., after amortizing costs.the same. After a sinking fund sufficient to pay 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 operation of the bridge and its Record of expenditures and receipts.approaches. An accurate record of the amount paid for acquiring the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and the daily tolls collected shall be kept and shall be available for the information of all persons interested. Sec. 6. Sworn statement of construction costs, etc., to be filed after completion. The said New Martinsville and Ohio River Bridge Company (Incorporated), 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 cost299of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of WarInvestigation by 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 New Martinsville and Ohio River Bridge Company (Incorporated), 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 asFindings of Secretary conclusive. 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. 7. 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 the New Martinsville and Ohio River Bridge Company (Incorporated), 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. 8. The right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, March 10, 1928.

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Granting the consent of Congress to the New Martinsville and Ohio River Bridge Company (Incorporated), to construct, maintain, and operate a bridge across the Ohio River, at or near New Martinsville, West Virginia
Chapter 194

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Chapter 194

Granting the consent of Congress to the New Martinsville and Ohio River Bridge Company (Incorporated), to construct, maintain, and operate a bridge across the Ohio River, at or near New Martinsville, West Virginia

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