Backus v. Fort Street Union Depot Company
In Backus v. Fort Street Union Depot Company, 169 U.S. 557 (1898), the Court said:
"Is it beyond the power of a State to authorize in condemnation cases the taking of possession prior to the final determination of the amount of compensation and payment thereof? This question is fully answered by the opinions of this court in Cherokee Nation v. Southern Kansas Railway, 135 U.S. 641 (1890), and Sweet v. Rechel, 159 U.S. 380 (1895). There can be no doubt that if adequate provision for compensation is made authority may be granted for taking possession pending inquiry as to the amount which must be paid and before any final determination thereof."