Chapter 472. Authorizing Paul Leupp, his heirs, legal representatives, or assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Stanton, North Dakota
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Chap. 472: Authorizing Paul Leupp, his heirs, legal representatives, or assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Stanton, North Dakota. Chapter 472 45 Stat. 476 1928-05-01 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 472.— An Act Authorizing Paul Leupp, his heirs, legal representatives, or assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Stanton, North Dakota.
May 1, 1928.[[H. R. 11212](/us/bill/70/hr/11212).][[Public, No. 337](/us/pl/70/337).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That in order to Missouri River.Paul Leupp, may bridge, at Stanton, N. Dak.promote interstate commerce, improve the Postal Service, and provide for military and other purposes, Paul Leupp, his heirs, legal representatives, or assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River at a point suitable to the interests of navigation at Construction.Vol. 34, p. 84.*Post,* p. 1475.or near the village of Stanton, Mercer County, North Dakota, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters,” approved March 23, 1906, and subject to the conditions and limitations contained in this Act. 477 Sec. 2.
After the completion of such bridge, as determined by the Acquisition authorized, after completion, by North Dakota, etc.Secretary of War, either the State of North Dakota, any political subdivisions 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 interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with Condemnation proceedings.the laws of such State governing the acquisition of private property for public purposes by condemnation or expropriation.
If at any time Compensation if acquired by condemnation.after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropriation, 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 Limitations. 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 interests in real property; and
(4)actual expenditures for necessary improvements. Sec. 3. If such bridge shall at any time be taken over or acquired Tolls under State, etc., operation.by the State of North Dakota, or by any municipality or other political subdivision or public agency thereof, under the provisions of section 2 of this Act, and if tolls are thereafter charged for the Rates applied to operation, sinking fund, etc.use thereof the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing costs, as soon as possible 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 for such amortization shall have been Maintenance as free bridge, etc., after amortizing costs.so 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 maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount Record of expenditures and receipts.paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested. Sec. 4. Paul Leupp, his heirs, legal representatives, or assigns, Sworn statement of construction costs, etc., to be filed after completion.shall, within ninety days after the completion of such bridge, file with the Secretary of War and with the highway department of the State of North Dakota a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary Examination by Secretary of War.of War may, and, at the request of the highway department of the State of North Dakota, shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge; for the purpose of such investigation the said Paul Leupp, his heirs, legal representatives, or assigns, shall make available all of his records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to Findings of Secretary conclusive.the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 2 478of this Act, subject only to review in a court of equity for fraud or gross mistake. Right to sell, etc., conferred. Sec. 5. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to Paul Leupp, his heirs, legal representatives, or 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, May 1, 1928.
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Chapter 472
Authorizing Paul Leupp, his heirs, legal representatives, or assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Stanton, North Dakota
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