§528 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Within ninety days after a privately owned interstate toll bridge is finished, the owner must file a sworn, itemized statement with the Secretary of Transportation and the state highway departments where the bridge is located. The statement must show the actual costs for building the bridge and approaches, buying needed land, and financing and promotion. Within three years the Secretary may—and must if a state asks—investigate those costs, require the owner to provide all records, and decide what costs were actually reasonable. The Secretary’s findings are final for related purposes, except they can be reviewed by a court only for fraud or gross mistake.

Title 33, §528

Navigation and Navigable Waters — Source: USLM XML via OLRC

Within ninety days after the completion of a privately owned interstate toll bridge, the owner shall file with the Secretary of Transportation and with the highway departments of the States in which the bridge is located, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of Transportation may, and upon request of a highway department shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation the said individual, firm, or corporation, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of Transportation as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 527 of this title subject only to review in a court of equity for fraud or gross mistake.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War” wherever appearing. 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).

§528 Statement of construction costs of privately owned interstate bridges; investigation of costs; conclusiveness of findings; review

Summary

Title 33, §528

Notes & Related Subsidiaries

Editorial Notes

Amendments

Transfer of Functions

Statutory Notes and Related Subsidiaries

Transfer of Functions

Citations & Metadata