John Marshall Harlan II

“ Because of the uncertainty when, if ever, a declaration would be filed after the Government's entry, manipulations might be encouraged which could operate to the disadvantage of either the landowner or the United States. The Government tells us that the declaration of taking procedure may be invoked 'solely in the discretion of the administrative officer.' It would thus lie within the power of such an officer to reduce the 'just' compensation due the property owner by staying his hand until a market situation favorable to the Government had developed. ”

“ In both situations the Taking Act enables the United States to acquire title simply by depositing funds 'for or on account' of the just compensation to be awarded the owners, rather than by making payment pursuant to a court order. In those cases where the Government has not yet entered into possession, the filing of the declaration enables it to enter immediately and relieves it of the burden of interest from the time of filing to the date of judgment in the eminent domain proceedings. ”

“ The owner at the time the Government takes possession 'rather than the owner at an earlier or later date, is the one who has the claim and is to receive payment.' 23 Tracts of Land v. United States, supra, 177 F.2d at page 970.
Had the Government not subsequently filed a declaration of taking in this case, there is no reason to believe that these ordinary rules would not have been applicable; the owners of the parcel when the Government entered into possession in 1943 would then have been entitled to compensation. No suggestion to the contrary has been made by Dow. ”