Acquisition of interstate bridges by public agencies; amount of damages

U.S.C. Title 33 - NAVIGATION AND NAVIGABLE WATERS 33 U.S.C. United States Code, 2023 Edition Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS SUBCHAPTER III - GENERAL BRIDGE AUTHORITY Sec. 527 - Acquisition of interstate bridges by public agencies; amount of damages From the U.S. Government Publishing Office, www.gpo.gov

§527. Acquisition of interstate bridges by public agencies; amount of damages

After the completion of any interstate toll bridge constructed by an individual, firm, or corporation, as determined by the Secretary of Transportation, either of the States in which the bridge is located, or any public agency or 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 for public purposes by condemnation or expropriation. If at any time after the expiration of five 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 bridge and its approaches, less a reasonable deduction for actual depreciation in value; (2) the actual costs 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 interests in real property; and (4) actual expenditures for necessary improvements.

(Aug. 2, 1946, ch. 753, title V, §504, 60 Stat. 848; Pub. L. 97–449, §2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)

Editorial Notes

Amendments 1983—Pub. L. 97–449 substituted "Secretary of Transportation" for "Secretary of War". See Transfer of Functions note below.

Statutory Notes and Related Subsidiaries

Transfer of Functions Section 6(g)(6)(C) of Pub. L. 89–670 transferred functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department of the Army [formerly War] under this subchapter to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States to Secretary of Transportation. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(6)(C) of Pub. L. 89–670, and repealed section 6(g)(6)(C).