|
U.S. Code as of:
01/19/04
Section 831c-1. Bridges endangered or damaged by dams, etc.; compensation of and contracts with owner for protection, replacement, etc.
(a) Structures on Tennessee River or tributaries
Whenever, as the result of the construction of any dam,
reservoir, or other improvement under the provisions of this
chapter, or amendments thereto, including any improvement of the
navigable channel to accommodate the growth of navigation or
changes in navigation requirements within the reservoir created by
any dam in the custody of the Tennessee Valley Authority, any
bridge, trestle, or other highway or railroad structure located
over, upon, or across the Tennessee River or any of its navigable
tributaries, including approaches, fenders and appurtenances
thereto, is endangered or otherwise adversely affected and damaged,
including any interference with or impairment of its use, or, in
the judgment of the Board of Directors of the Tennessee Valley
Authority, needs to be raised, widened, or otherwise altered to
provide the navigation clearances required for completion of the
navigable channel to be provided by such improvement, to the extent
that protection, alteration, reconstruction, relocation, or
replacement is necessary or proper to preserve its safety or
utility or to meet the requirements of navigation or flood control,
or both, the owner or owners of such bridge, trestle, or structure
shall be compensated by the Tennessee Valley Authority in the sum
of the reasonable actual cost of such protection, alteration,
reconstruction, relocation, or replacement: Provided, That in
arriving at the amount of such compensation the bridge owner shall
be charged with a sum which shall equal the net value to the owner
of any direct and special benefits accruing to the owner from any
improvement or addition or betterment of the altered,
reconstructed, relocated, or replaced bridge, trestle, or
structure. The Tennessee Valley Authority is empowered to contract
with such owner with respect to any such protection, alteration,
reconstruction, relocation, or replacement, the payment of the cost
thereof and its proper division, which contract may provide either
for money compensation or for the performance of all or any part of
the work by the Tennessee Valley Authority.
(b) Suit on contracts
In the event of a failure to agree upon the terms and conditions
of any such contract, or upon any default in the performance of any
contract entered into pursuant to this section, the bridge owner or
the Tennessee Valley Authority shall have the right to bring suit
to enforce its right or for a declaration of its rights under this
section, or under any such contract, in the district court of the
United States for the district in which the property in question is
located. In any such proceeding the court shall apportion the total
cost of the work between the Tennessee Valley Authority and the
owner in accord with the provisions contained in this section. The
Tennessee Valley Authority's share of the cost of any such
protection, alteration, reconstruction, relocation, or replacement,
under any contract made or judgment, award, or decree rendered
under the provisions of this section may be paid out of any funds
available for carrying out the provisions of this chapter, and
appropriations for that purpose are hereby authorized: Provided,
That, prior to such alteration, reconstruction, or relocation of
said bridges, the location and plans shall be submitted to and
approved by the Secretary of Transportation in accordance with
existing laws.
|
|