Chap. 273.—An ACT to prohibit the construction, maintenance or operation of
toll bridges across, in or over the navigable waters of the State, without a
permit from the State highway commission, to provide for the purchase of
such bridges by the State, and the control and regulation thereof by the State
corporation commission in the meantime. [S B 124]

Approved March 20, 1928.

1. Be it enacted by the general assembly of Virginia, That no toll
bridge hereafter erected shall be constructed, maintained or operated
across, In or over any navigable waters in or of this Commonwealth,
anything in charter of any company to the contrary notwithstanding
unless and until a permit therefor be first obtained from the State
highway commission. The State highway commission shall be, and
is hereby authorized to grant or withhold such permit, or to prescribe
the terms and conditions thereof, as it may deem for the best interest
of the State, except so far as such terms and conditions may be pro-
vided for herein.

2. In addition to the power of eminent domain as is or may be pro-
vided by law for roads in the State highway system, the Commonwealth
of Virginia, acting through the State highway commission, reserves
and shall have the right to purchase any such bridge and the approaches
thereto with the real estate and tangible personal property necessary
for their proper operation, at such time as may be specitied in the
permit granted for such bridge. or at the expiration of any two-year
period after such time, all at a price equal to the original cost, to be
determined as hereinafter provided, less depreciation.

In order to exercise the rights of the Commonwealth to purchase
and take over any such bridge and approaches and real estate and
tangible personal property, the Commonwe ‘alth, through the State high-
way commission, shall give to the permittee, or its successor in title
ot record to such bridge and other property, not less than two months’
notice of its intention so to do, specifying the date on which the con-
veyance will be required. Title to such bridge and approaches and
property shall be vested in the Commonwealth of Virginia free of
lien at the time set out in such notice, and upon the payment or offer
of the purchase price determined in accordance with this act, to such
permittee or successor in title of record to such bridge and other prop-
erty, or to the trustee or trustees, or mortgager or mortgagees In any
deed of trust or mortgage on such property, or to the lien creditor or
creditors, as their interest may appear of record.

The original cost of such bridge and approaches and real estate
and tangible personal property shall be determined by the State high-
way commission and shall include the actual cost thereof, plus ten per
centum to cover all costs and expenses of establishment, administration,
contingencies, engineering or otherwise, and an additional amount equal
to interest at the rate of six per cent per annum on the amount actually
invested by such permittee, or successor in tithe of record, in such prop-
erty, or in hand for investment therein, during the period of construc-
tion. The State highway commission shall determine the depreciation.

3. Before construction is commenced on any such bridge or ap-
proaches under any permit granted hereunder, detailed plans, estimates
and specifications must be submitted to the State highway commission
for approval, and no such bridge shall be constructed unless and until
such plans, estimates and specifications shall have been approved by
the State highway commission. Access to such work at all times dur-
ing construction shall be granted to the State highway commission.
State highway commissioner, and authorized representatives of either.
The permittee shall keep accurate records of the cost of such bridge and
approaches and real and personal property used in the operation thereof,
and of all replacements and repairs, and shall submit a copy thereof
to the State highway commission.

4. Every such bridge, unless and until it is acquired by the State
shall be deemed a public utility, and its rates and charges, tolls, and
rules and regulations shall be subject to the control and supervision of
the State corporation commission as is, or may be, provided by law
for public utilities. When and if such bridge is acquired by the State
it shall be deemed a part of the State highway system.

5. In event any such bridge, at the time it may be purchased by
the State under the provisions of this act, is not on the line of a road
then in the State highway system, the State highway commission shall
be, and is hereby, authorized to convey such bridge and approaches
and other property to such county or counties in which it may be in
whole or in part located, upon the payment of such county or counties
of the amount paid by the State for such bridge and approaches and
other property, with interest on such amount at six per centum per
annum from the time of such payment by the State, such conveyance to
be executed in the name and on behalf of the Commonwealth by the
State highway commissioner; provided further that this act does not
apply to bridges constructed within or adjacent to towns or cities having
a population of more than three thousand five hundred.

6. Nothing herein contained, however, shall be construed to apply
to any existing bridge or any bridge under construction at the time of
the passage of this act.

7. All acts or parts of acts so far as inconsistent with this act are
hereby repealed.

8. An emergency existing, this act shall be in force from its passage.