Chapter 727. Authorizing Elmer J
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Chap. 727: Authorizing Elmer J. Cook, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across Bear Creek at or near Lovel Point, Baltimore County, Maryland. Chapter 727 45 Stat. 727 1928-05-24 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 727.— An Act Authorizing Elmer J.
Cook, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across Bear Creek at or near Lovel Point, Baltimore County, Maryland. May 24, 1928.[[S. 4401](/us/bill/70/s/4401).][[Public, No. 498](/us/pl/70/498).] *Be it enacted by the Senate and Howe of Representatives of the United States of America in Congress assembled,* That in order to Bear Creek.Elmer J. Cook may bridge at Lovel Point, Md.promote interstate commerce, improve the postal service, and provide for military and other purposes, Elmer J.
Cook, his heirs, legal representatives, and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across Bear Creek, at a point suitable to the interests of navigation, at or near Lovel Point, Baltimore County, Maryland, in accordance with the Construction.Vol. 34, p. 84.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.
Sec. 2. After the completion of such bridge, as determined by the Acquisition authorized, after completion, by Maryland, etc.Secretary of War, either the State of Maryland, 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 interests in real property necessary therefor, Condemnation proceedings.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 Compensation if acquired by condemnation.twenty years after the completion of such bridge and its approaches the same is acquired by condemnation, the amount of damages or compensation to be allowed shall not include good will, going value, Limitations.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 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 any municipality or other political subdivision or subdivisions of the State of Maryland under the provisions of section 2 of this Act, and if tolls are charged for the use thereof, the rates of toll shall be Rates applied to operation, sinking fund, etc.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 years from 728 Maintenance as free bridge, etc., after amortizing costs.the date of acquiring 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 operation of the bridge Record of expenditures and receipts.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. Sworn statement of construction costs, etc., to be filed after completion. Sec. 4. Elmer J. Cook, his heirs, legal representatives, and assigns, 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 Maryland, 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, Examination by Secretary of War.and the actual financing and promotion costs. The Secretary of War may, and at the request of the highway department of the State of Maryland 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 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 Elmer J. Cook, his heirs, legal representatives, and assigns shall make available all records in connection with the construction, financing, and promotion Findings of Secretary conclusive.thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 2 of 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 rights, powers, and privileges conferred by this Act is hereby granted to Elmer J. Cook, his heirs, legal representatives, 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, May 24, 1928.
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