Chapter 893. Authorizing the Baltimore Gas Engineering Corporation, a Maryland corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Kanawha River at or near Dunbar, West Virginia
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Chap. 893: Authorizing the Baltimore Gas Engineering Corporation, a Maryland corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Kanawha River at or near Dunbar, West Virginia. Chapter 893 45 Stat. 981 1928-05-29 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 893.— An Act Authorizing the Baltimore Gas Engineering Corporation, a Maryland corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Kanawha River at or near Dunbar, West Virginia.
May 29, 1928.[[H. R. 13399](/us/bill/70/hr/13399).][[Public, No. 603](/us/pl/70/603).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Kanawha River.Baltimore Gas Engineering Corporation may bridge, at Dunbar, W. Va. That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, the Baltimore Gas Engineering Corporation, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Kanawha River, at a point suitable to the interests of navigation, at or near Dunbar, West Virginia, inConstruction.
Vol. 34, p. 84. accordance with the provisions of the Act entitled “An Act to reg-982ulate 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 theAcquisition authorized, after completion, by West Virginia, etc. Secretary of War, either the State of West Virginia, any political subdivision 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 the laws of such State governing the acquisition of private property for public purposes by condemnation or expropriation.
If at any time after the expiration of twenty years afterCompensation, if acquired by condemnation. 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 actualLimitations. 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 acquiredTolls, under State, etc., operation. by the State of West Virginia, 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 use thereof, the rates of toll shall be so adjusted as to provide a fundRates applied to operation, sinking fund, etc. 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 to amortize the amount paid therefor, including reasonable interest and financing cost, 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 aMaintenance as free bridge, etc., after amortizing costs. sinking fund sufficient for such amortization shall have been 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 ofRecord of expenditures and receipts. the amount 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. The Baltimore Gas Engineering Corporation, its successorsSworn statement of construction costs, etc., to bellied after completion. and assigns, shall, within ninety days after the completion of £uch bridge, file with the Secretary of War and with the highway department of the State of West Virginia, 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 of War may, and at the request of the highwayInvestigation by Secretary of War. department of the State of West Virginia 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 983 said the Baltimore Gas Engineering Corporation, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings ofFindings of Secretary conclusive. 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. 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 the Baltimore Gas Engineering Corporation, 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. 6. The right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved.
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- Chapter 893Authorizing the Baltimore Gas Engineering Corporation, a Maryland corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Kanawha River at or near Dunbar, West Virginia
- Chapter 892Authorizing and directing the Secretary of Agriculture to establish and maintain a dairy and livestock experiment and demonstration station for the South at or near Lewisburg, Tennessee
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Chapter 893
Authorizing the Baltimore Gas Engineering Corporation, a Maryland corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Kanawha River at or near Dunbar, West Virginia
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