Hugo Black

“ This, however, does not end the case in petitioners' favor since the United States urges other grounds to support its judgment.
It is contended that petitioners' asserted liens gave them no compensable property interests within the meaning of the Fifth Amendment. Under Maine law, materialmen become entitled to a lien when they furnish supplies; however, the lien must subsequently be enforced by attachment of the vessel or supplies. There is no allegation that any of the petitioners had taken steps to attach the uncompleted work. ”

“ We need not decide whether, as a matter of law, the Government's lien 'merged' in its title. At the very least, petitioners, prior to the transfer of title, had the right to whatever proceeds the property might bring over and above the Government's claim to the amount of its progress payments. [2] By the date of default, Rice had expended some $198,000, while the Government had advanced only about $141,000 in progress payments. ”

“ This case and many others reveal the difficulty of trying to draw the line between what destructions of property by lawful governmental actions are compensable 'takings' and what destructions are 'consequential' and therefore not compensable. ”