Hugo Black

“ The cost to the United States was several hundred thousand dollars less than the cost of rebuilding the old road. And all the landowners in the area, except these six respondents who refused to sell, have received full compensation for their property.
The Courts below have held that T.V.A. had no power under the Act to condemn the tracts of these respondents as contemplated by the agreement. The District Court reached this conclusion by limiting the Authority's power so that it can condemn only those lands which are needed for the dam and reservoir proper. ”

“ Where public need requires acquisition of property, that need is not to be denied because of an individual's unwillingness to sell. Kohl et al. v. United States, 91 U.S. 367, 371, 23 L.Ed. 449. When the need arises individuals may be required to relinquish ownership of property so long as they are given that just compensation which the Constitution requires. Strickley v. Highland Boy Gold Mining Co., 200 U.S. 527, 531, 26 S.Ct. 301, 302, 50 L.Ed. 581, 4 Ann.Cas. 1174. Such compensation can be awarded these respondents by the District Court. ”

“ The Court held that use of the lands for that purpose is a 'private' and not a 'public use' or, at best, a 'public use' not authorized by the statute. We are unable to agree with the reasoning and conclusion of the Circuit Court of Appeals.
We think that it is the function of Congress to decide what type of taking is for a public use and that the agency authorized to do the taking may do so to the full extent of its statutory authority. United States v. ”

“ Despite Congress' clear expression of its purpose to grant broad condemnation power to T.V.A. we are asked to hold that the Authority's power is less than the powers to condemn granted other governmental agencies, which under 40 U.S.C. § 257, 40 U.S.C.A. § 257 have been held to have a power to condemn coextensive with their power to purchase. ”

“ Old Dominion Land Co. v. United States, supra. And when serious problems are created by its public projects, the Government is not barred from making a common sense adjustment in the interest of all the public. ”