Footnote 1079

1079 Rands, 389 U.S. at 126 (“[T]hese rights and values are not assertable against the superior rights of the United States, are not property within the meaning of the Fifth Amendment, and need not be paid for when appropriated by the United States.”); see Twin City Power, 350 U.S. at 227 (“it is the water power that creates the special value, whether the lands are above or below ordinary high water”).1080 Va. Elec., 365 U.S. at 631; accord Twin City Power, 350 U.S. at 225-26 (“It is no answer to say that payment is sought only for the location value of the fast lands. That special location value is due to the flow of the stream ”).