United States v. 37.37 Acres of Land

In this condemnation proceeding the question has arisen as to who, .among several owners in the chain of title, is to receive compensation for the taking. The answer to this question turns upon which of several dates involved was the “date of taking”, and hence the date as of which “just compensation” is to be paid to the then owner of the estate or interest taken.

Briefly stated, the facts are these. On March 18, 1953, the Government commenced this action to condemn an easement for a pipeline through certain land in Kern and Tulare Counties, California, including “Parcel 3” here in controversy. On April 20, 1953, an order granting plaintiff the right to immediate possession of Parcel 3 was entered in accordance with the provisions of 40 U.S. C.A. § 258a. The order provided in part:

When this order for immediate possession was entered, Parcel 3 was owned in fee by defendant Joemarah Cowart Reed. On October 14, 1953, Reed conveyed the fee to the State of California. On April 26, 1954, the Government took actual physical possession of Parcel 3 by commencing excavation for the pipeline.

Some three years later, on September 24, 1957, the State of California conveyed Parcel 3 to…