Bridge law is the body of laws which apply to
bridge
A bridge is a structure built to span a physical obstacle (such as a body of water, valley, road, or rail) without blocking the way underneath. It is constructed for the purpose of providing passage over the obstacle, which is usually somethi ...
s in a particular jurisdiction.
United States
In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
, legislative authority to erect a bridge is necessary in three cases: first, when toll is demanded for its use—the right to take toll being a
franchise
Franchise may refer to:
Business and law
* Franchising, a business method that involves licensing of trademarks and methods of doing business to franchisees
* Franchise, a privilege to operate a type of business such as a cable television p ...
which cannot be claimed without express grant from the
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
; second, when the state owns the bed of the stream over which the bridge extends, as is the case in all public or navigable streams; third, when the structure interferes or threatens to interfere with navigation. In the last case the authority of state governments is subject to the power given to
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
by the
Federal Constitution to “regulate commerce with foreign nations, and among the several states.” (Art. I., §8.) The states may authorize bridges over navigable streams, and may regulate their size, form, and manner of construction. Until Congress intervenes in such cases the power of the states is unlimited. When it does intervene, however, its will is supreme, and its legislation, within the limits of the constitutional grant, overrides that of any state. A bridge constructed over a navigable river in accordance with an act of Congress is a lawful structure, however much it may interfere with the public right of
navigation
Navigation is a field of study that focuses on the process of monitoring and controlling the movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navigation, ...
.
See also
*
Bridges Act
*
Federal Bridge Gross Weight Formula
The Federal Bridge Gross Weight Formula, also known as Bridge Formula B or the Federal Bridge Formula, is a mathematical formula in use in the United States by truck drivers and Department of Transportation (DOT) officials to determine the appr ...
Notes
References
*{{NIE, wstitle=Bridges, Law Relating to
Law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
Bridges