§ 527. — Acquisition of interstate bridges by public agencies; amount of damages.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC527]
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
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, Sec. 504, 60 Stat. 848; Pub. L. 97-449,
Sec. 2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)
Amendments
1983--Pub. L. 97-449 substituted ``Secretary of Transportation'' for
``Secretary of War''. See Transfer of Functions note below.
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).
