catlin argued decided february thomas mcpheeters henry davis louis george burroughs edwardsville petitioners ralph fuchs washington respondent justice rutledge delivered opinion proceeding condemnation land madison county illinois war purposes act question review whether orders entered course proceedings appealable decisions within meaning section judicial code amended petition condemnation filed district march day order immediate possession entered ex parte november pursuant declaration taking act february secretary war filed declaration deposited estimated compensation tract petitioners assert ownership trustees thereupon entered likewise ex parte decreeing title vested upon filing declaration making deposit also declaring right compensation vested persons entitled thereto holding cause open judgments decrees thereafter august order service process publication entered october following petitioners moved vacate dismiss petition tract government amended petitioners filed amended motion vacate denied order order entering declaration taking petitioners appealed circuit appeals held orders final decisions within section dismissed appeal granted certiorari order resolve conflict upon question among several circuit courts appeals think judgment right petitioners motions raised issues grounded contentions taking purpose authorized war purposes act accordingly urged neither petition stated cause action acquired jurisdiction cause enter order relating title error deny motion vacate dismiss since issue whether orders final purposes appeal assume though decide substantive issues sufficient merit warrant determination upon review even think petitioners mistaken remedy right appeal rests upon section judicial code limits review decisions district decision generally one ends litigation merits leaves nothing execute judgment louis southern express hence ordinarily condemnation proceedings appellate review may upon order judgment disposing whole case adjudicating rights including ownership compensation well right take property repeated holding decisions rule applies review judgments state courts advance determination compensation although local statute condemnation right condemn particular property reviewable compensation found awarded wick superior public service indiana city lebanon id cf dieckmann foundation policy merely technical conceptions one meal litigation case sent fragments luxton north river bridge reasons conservation judicial energy sustain limitation one elimination delays caused interlocutory appeals rule applies proceedings war purposes act act purport change depart generally prevailing rule concerning appeals condemnation proceedings amended version act enactment rule applied except three decisions circuit courts appeals reaching contrary result however declaration taking act also involved act purports authorize judgment except one acquirement condemnation land purposes specified necessarily one finally denying provision proceedings prosecuted accordance laws relating suits condemnation property wherein proceedings may instituted purpose make right appeal proceedings depend upon vary local procedure respect cf wick superior supra public service lebanon supra porate local ideas application section suits language may applied ways without introducing much lack uniformity application section indeed quoted provision largely nullified federal rules civil procedure respects concerning appeals furthermore act contemplated emergency action extent upon filing petition immediate possession might taken lands occupied military purposes war imminence thereof purpose seems clear largely defeated entry must deferred specific challenges jurisdiction sufficiency petition determined seriatim ruling trial separate appeals ruling end litigation lacking merit prolong find neither language purposes act intent authorize departure general course applying section condemnation proceedings indeed understand petitioners urge act without accomplishes departure say rather used conjunction declaration taking act upon declaration taking subsequent order denying motion vacate dismiss proceedings contend decisions within section therefore appealable character decisions circuit courts appeals upon petitioners rely involved one relied expressly upon act intended sever taking title possession controversies valuation provide procedure whereby might speedily conclusively vested title possession therefore immediate effect property rights reviewable without necessity awaiting outcome long drawn controversies valuation puerto rico ry light power reason stated might afford ground congress provide special appeal however think reason accords statute provisions effect consequently gives ground believing congress provided separate appeal dispose shortly motion part directed dismissal proceedings far may require treatment separately motion vacate motion granted judgment dismissal entered clearly end litigation appeal lie within section carey marin denial motion dismiss even motion based upon jurisdictional grounds immediately reviewable cf roche evaporated milk see also dieckmann certainly true whenever question may saved disposition upon review final judgment disposing issues involved litigation adequate manner appear think remedy available case order denying motion vacate stand better act like contains language purporting change general rule relating appeals condemnation proceedings section basis section makes express reference appeals section implies contrary fect provides appeal cause bond undertaking given therein shall operate prevent delay vesting title lands section terms deny right appeal contended neither confer right possibility delaying preventing vesting title appeals explicitly mind congress included section thought granting earlier appeal existing procedure allowed upon severed issue right take property expedite taking vesting title proceedings manner slight additional words made provision appeal omission clear import language used implication separate appeals allowed seems reinforced section makes right take possession title advance final judgment additional rights powers authority conferred federal local law expressly right construed abrogating limiting modifying right power authority one rights government federal law right proceeding taking delayed separate appeals issues title taking right rather issues determined others final judgment dispositive whole cause right think guarded section construed abrogated limited modified virtue additional right conferred take possession title advance final judgment emphasis added provisions statute appear support conclusion moreover statute purport terms authorize entered cause make entry event upon title changed summary procedure valid apparently entered ex parte prior service process publication notice cf pennoyer neff terms section filing said declaration taking condemnation proceeding deposit title shall vest said lands shall deemed condemned taken use right compensation shall vest persons entitled thereto said compensation shall ascertained awarded said proceeding established judgment therein exact effect provisions entirely clear find nothing statute indicate congress intended deprive owner opportunity challenge validity taking departure statutory limits purpose implied provision transfer title fact specific references final judgment section speak concerning compensation references think counterbalanced provisions considerations far may thought exclude matters title final adjudication think purpose leave intact owner remedy existing statute adopted one thing statute independent one condemnation provides new condemnation proceeding merely affords steps ancillary incidental suits brought statutes used case conjunction suit brought act declared purpose expedite cases applies construction public buildings works enabling possession title sites taken advance final judgment proceedings acquisition thereof power eminent domain emphasis added title applies proceeding instituted authority acquisition land public use section procedure clearly ancillary main condemnation proceeding cf acres land intended dovetail section declared expressly provide rights addition preexisting rights construed abrogating limiting modifying provision inserted primarily safeguard government interest expressly limited think may applied also safeguard owner preexisting rights essential conflict additional rights validly conferred government done preserving preexisting right appeal language wording act wholly free doubt see necessary inconsistency provisions transfer title upon filing declaration making deposit time preserving owner preexisting right question validity taking purpose authorized statute main proceeding brought result may reached statute construed confer upon government upon occurrence events specified defeasible title cases issue concerning validity taking arises construe act accomplish fully purposes adopted large number cases issue made others go far toward issues followed final decision followed turn adversely government alternative construction title passes irrevocably leaving owner opportunity question taking validity one remedy accept compensation taking valid raise serious question concerning statute validity event think run counter reasonable construction requires stress placed upon provisions sections relating irrevocable commitment pay amount ultimately together provision section authorizing award amount deposited estimated compensation indicating purpose make transfer title irrevocable upon filing declaration making deposit fact government may become irrevocably committed pay follow owner irrevocably committed submit taking since statute terms pari materia respect neither section section purports bind owner irrevocably contrary section deals authority expend appropriated funds demolition existing structures construction new ones concluding proviso requiring opinion attorney general vested persons interest therein made parties proceeding bound final judgment therein emphasis added funds expended seems clearly contemplate title indefeasibly vested merely following administrative procedure final ment proceeding main condemnation suit necessary purpose operation sections cut government right abandon proceedings compel owner submit unauthorized takings accordingly opinion right owner challenge validity taking nonconformity prescribed statutory purposes destroyed act right upon appeal existing act adopted affected made deciding puerto rico case thought created new right separate appeal given preexisting right appeal including appeal grounds relating validity taking remained force exercised final judgment disposing cause entirety rendered statute makes explicit provision one clearly implied make weightier implications way discussed issues presented suggested briefs argument since necessary disposition cause include question whether possession taken damage done premises course proceedings authorized remedy appeal adequate issue made case since grounds urged rest upon provisions act relating title effect proceedings upon petitioners right relate simply taking possession right take damages resulting exercise right apart question title possession case taken pursuant terms act prior time purported transfer title time enough sider question concerning adequacy appeal possible existence remedy affecting case arises judgment affirmed justice roberts justice douglas concur result footnotes act august stat amended acts july stat april stat act provides hereafter secretary war may cause proceedings instituted name jurisdiction proceedings acquirement condemnation land temporary use thereof interest therein right pertaining thereto needed site location construction prosecution works fortifications coast defenses military training camps construction operation plants production nitrate compounds manufacture explosives munitions war development transmission power operations plants proceedings prosecuted accordance laws relating suits condemnation property wherein proceedings may instituted provided property acquired time war imminence thereof upon filing petition condemnation land temporary use thereof interest therein right pertaining thereto acquired purposes aforesaid immediate possession thereof may taken extent interest acquired lands may occupied used military purposes emphasis added section part follows circuit courts appeal shall appellate jurisdiction review appeal final district courts cases save direct review decision may section title stat material portions statute set forth text opinion notes petitioners attacked original petition failure set forth purpose acquisition purpose authorized act secretary war found land needed requested attorney general institute proceeding acquire purpose considering objections jurisdictional petitioners regard proceedings based upon said petition including filing first declaration taking entered pursuant amendment added new paragraph petition stating lands taken purposes described language statute incorporated petition letter secretary war requesting attorney general institute proceedings acquire land use establishment granite city engineer branch depot specific purpose petitioners say come within set forth statute see note amended motion urged amendment petition incorporating secretary statement intended use engineer depot caused petition show face use within authorized act petitioners assert amendment late validate dade county accords decision case contrary decisions rendered city oakland certiorari denied acres land certiorari denied puerto rico ry light power comparable provision act applicable district columbia special appeal may allowed upon interlocutory orders compare lee keyes app see notes luxton north river bridge southern ry postal telegraph grays harbor logging state washington ex rel mcpherson superior douglas county ornstein chesapeake ohio cf collins miller florian case found appeal taken attempted taken acts order final judgment disposing issues raised proceeding including compensation uniform practice acts appears therefore confine appeals orders three cases appear sought raise appeals final judgments question right condemn see forbes chappell henry numerous cases involved appeals questions affecting compensation without raising question concerning title authority condemn cf note text beginning paragraph following note proceedings condemnation property power eminent domain rules govern appeals otherwise applicable rule following section see carey marin importance section set forth full except concluding paragraph quoted note act expedite construction public buildings works outside district columbia enabling possession title sites taken advance final judgment proceedings acquisition thereof power eminent domain enacted senate house representatives america congress assembled proceeding outside district columbia may instituted name authority acquisition land easement right way land public use petitioner may file cause petition time judgment declaration taking signed authority empowered law acquire lands described petition declaring said lands thereby taken use said declaration taking shall contain annexed statement authority public use said lands taken description lands taken sufficient identification thereof statement estate interest said lands taken said public use plan showing lands taken statement sum money estimated said acquiring authority compensation land taken filing said declaration taking deposit use persons entitled thereto amount estimated compensation stated said declaration title said lands fee simple absolute less estate interest therein specified said declaration shall vest america said lands shall deemed condemned taken use right compensation shall vest persons entitled thereto said compensation shall ascertained awarded said proceeding established judgment therein said judgment shall include part compensation awarded interest rate per centum per annum amount finally awarded value property date taking said date date payment interest shall allowed much thereof shall paid sum paid shall charged commissions poundage application parties interest may order money deposited part thereof paid forthwith account compensation awarded said proceeding compensation finally awarded respect said lands parcel thereof shall exceed amount money received person entitled shall enter judgment amount deficiency emphasis added authorized act cf note well act concluding paragraph section follows filing declaration taking shall power fix time within terms upon parties possession shall required surrender possession petitioner shall power make orders respect encumbrances liens rents taxes assessments insurance charges shall equitable see note see note complete text section set forth note section follows case taken may take possession real property course condemnation proceedings advance final judgment therein become irrevocably committed pay amount ultimately awarded compensation shall lawful expend moneys duly appropriated purpose demolishing existing structures said land erecting public buildings public works thereon notwithstanding provisions section revised statutes provided opinion attorney general title vested persons interest therein made parties proceeding bound final judgment therein including following finding required section provides statute irrevocably committing payment ultimate award shall taken unless chief executive department agency bureau government empowered acquire land shall opinion ultimate award probably within limits prescribed congress price paid