Stanley Forman Reed

“ The Congress, in other situations, has adopted the time of taking as the date for determination of value. [11] For the reason that compensation is due at the time of taking, the owner at that time, not the owner at an earlier or later date, receives the payment. [12] Unless a taking has occurred previously in actuality or by a statutory provision, which fixes the time of taking by an event such as the filing of an action, [13] we are of the view that the taking in a condemnation suit under this statute takes place upon the payment of the money award by the condemnor. ”

“ We have no doubt that the authority to purchase given to the Secretary of War is sufficiently broad to authorize a purchase of petitioner's interest in land subject to perfecting the title through condemnation. The effect of such an agreement is to fix the value of the easement when the authority of the Court is invoked against a party to the agreement to acquire good title. ”

“ This leaves for consideration the contention that there was a taking by the enactment of the legislation, when work began on the set-back levee or when that levee was completed. The mere enactment of legislation which authorizes condemnation of property cannot be a taking. ”