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Show 114 tion, the location and plans of privately owned highway toll bridges must be approved by the highway department or departments of the state or states in which the bridge is situ- ated. Where a bridge shall be between two or more states and their highway departments are unable to agree, approval of the Public Roads Administration is sufficient. The Secretary of the Army may prescribe reasonable rates of toll for transit over interstate bridges. States may acquire interstate toll bridges by condemnation or expropriation, and limitations on the amount of compensation are specified if acquisition occurs after the expiration of five years after completion of the bridge. Actual original costs of privately owned interstate toll bridges must be filed with the Secretary of the Army and the highway departments of the states in which the bridge is located; the Secretary may, and upon the request of the highway depart- ment shall, within three years after completion of the bridge, investigate such costs and make a finding as to their reason- ableness. His findings are conclusive for the purpose of con- demnation or expropriation. If tolls are charged for use of a publicly owned interstate bridge, rates must be sufficient to make the bridge free of tolls within 30 years.221 Alteration of Obstructive Bridges.-The 1899 Act author- izes the Secretary of the Army, after opportunity for hearing, to order the alteration of any bridge which he believes to be an unreasonable obstruction to free navigation.222 In giving notice to alter, he shall specify the changes recommended by the Chief of Engineers.223 The right to require alteration of unreasonably obstructive bridges at the expense of the owners has been upheld by the Supreme Court of the United States.224 But there are recent deviations from the long-established legislative practice of requiring owners to alter such bridges at their own expense. Two such statutes providing that the costs of alterations be borne by the United States involve certain JM Amendment of May 25, 1948, 62 Stat. 267, 33 U. S. C. 529. 82a Act of March 3, 1899, § 18, 30 Stat. 1121, 1153, 33 U. S. 0. 502. m Id. "'Union Bridge Co. v. United States, 204 U. S. 364 (1907). See supra, pp. 10-11. |
