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Title 33 — Navigation and Navigable WatersRelease 119-73

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

Title 33 › Chapter CHAPTER 11— - BRIDGES OVER NAVIGABLE WATERS › Subchapter SUBCHAPTER III— - GENERAL BRIDGE AUTHORITY › § 527

Last updated Apr 6, 2026|Official source

Summary

After a privately built interstate toll bridge is finished (the Secretary of Transportation decides when), the state where the bridge sits—or a local public agency there, alone or together with another—can take full ownership by using legal seizure for public use. If the bridge is taken more than five years after completion, payment is limited to: actual construction cost minus reasonable wear and tear; actual land purchase costs; actual financing and promotion costs not over 10% of (construction cost + land cost); and actual costs for needed improvements.

Full Legal Text

Title 33, §527

Navigation and Navigable Waters — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

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).

Reference

Citations & Metadata

Citation

33 U.S.C. § 527

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73