Tom C. Clark

“ The condemnation of one small sewerage system mayseem an insignificant thing in view of the vast scope of federal eminent domain powers, and much of the impact of the present decision may be balmed over with the assurance that intervenors can claim just compensation for their losses. But there is something at stake here which transcends the immediate interests of the parties. ”

“ The persuasion of common sense is to interpret the word 'owners' as the equivalent of persons having a compensable interest under the Fifth Amendment, simply because when Congress speaks of owners in the eminent domain context, its most obvious source of reference is the Fifth Amendment. ”

“ If there were in the Lanham Act what the majority opinion reads into it-a congressional policy to facilitate national acquisition of privately owned ultilities-then there might be some justification to interpret 'owners' from a narrower source of reference, such as administrative convenience.
The sewerage system under condemnation was built in 1925 by the Belle Haven Realty Corp. as part of the development of a residential subdivision. As lots were sold, a proportionate part of the cost of the sewer system was included in the price paid by the purchaser of each lot. ”

“ That is the duty of the courts and administrators to keep faith with Congress in the interpretation and execution of a statute in which Congress carefully limited the powers of eminent domain because of sensitive policy considerations which were for Congress alone to evaluate. Because I think the instant condemnation clearly exceeds the scope of congressional authorization, I would affirm the judgment of the courts below. ”

“ The court decided that the householders had acquired implied easements in the Belle Haven system for which they were entitled to claim compensation and intervention was granted. D.C., 89 F.Supp. 571. But the district judge held that he could not make an award in the form of a limitation on future use charges and he denied a temporary injunction against the collection of current bills. D.C., 89 F.Supp. 567. The intervenors then amended their answer to attack the taking as unauthorized under the Lanham Act. ”

“ The correct rule of construction has been suggested in these terms: '* * * where the law seeks to divest all and every title to land or estate, and substitute the price therefor, * * * the word 'owner' should receive a broad and liberal construction, so as to embrace every right in and to the land * * *.' Glover v. ”