AGO 2001-12.

• Case Date: January 29, 2002
• Court: Indiana

Indiana Attorney General Opinions 2002. AGO 2001-12. January 29, 2002Advisory Opinion 2001-12The Honorable Allen Paul Indiana State Senator Indiana Senate 200 West Washington Street Indianapolis, Indiana 46204 RE: White County Bridge CommissionDear Senator Paul: This letter responds to your request for an advisory letter on the following question: Who has government oversight over the White County Bridge Commission? The White County Bridge Commission (the Commission) is a private entity created by an Act of Congress. As such, it is subject to Congressional oversight. BACKGROUND AND ANALYSIS The toll bridge over the Wabash River linking Posey County, Indiana with White County, Illinois was completed in 1930. Construction was specifically authorized by the Act of May 1, 1928, Pub. L. No. 70-340, 45 Stat. 480 (as amended), pursuant to which Congress, exercising its powers to regulate commerce, authorized certain named individuals to construct the private bridge and collect tolls from its users. The bridge was owned and operated from 1930 through 1941 by several private corporations, all of which experienced financial difficulties. See generally, Report of the Select Committee to Conduct an Investigation and Study of the Financial Position of the White County Bridge Commission, H. R. Rep. 84-2052 (1956) (Select Committee Report). By Act of April 12, 1941, Congress created the White River Bridge Commission:

For the purpose of carrying into effect the objects stated in this Act, there is hereby created the White County Bridge Commission. . . . [S]aid body shall have perpetual succession; may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity; may make and have a common seal; may purchase or otherwise acquire and hold or dispose of real estate and other property; may accept and receive donations or gifts of money or other property and apply same to the purposes of this Act; and shall have and possess all powers necessary, convenient, or proper for carrying into effect the objects stated in this Act.

Act to Create the White County Bridge Commission, 8, Pub. L. No. 77-37, 55 Stat. 140 (1941) (the 1941 Act). The 1941 Act defined the Commissions authority, power and duties, authorized the Commission to purchase the bridge by a bond issue...