Facts of the Case
This was a proceeding instituted by the United States to appropriate a parcel of land in the City of Cincinnati as a site for a post office and other public uses. The plaintiffs in error owned a perpetual leasehold estate in a portion of the property sought to be appropriated. They moved to dismiss the proceeding on the ground of want of jurisdiction, which motion was overruled. They then demanded a separate trial of the value of their estate in the property, which demand the court also overruled. To these rulings of the court the plaintiffs in error here excepted. Judgment was rendered in favor of the United States.
Conclusions
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1. The right of eminent domain exists in the government of the United States, and may be exercised by it within the states, so far as is necessary to the enjoyment of the powers conferred upon it by the Constitution.
Did the Constitution Grant the Federal Government Eminent Domain Power?: Using Eighteenth Century Law to Answer Constitutional Questions
Federalist Society Review, Volume 19
Note from the Editor: This article asks whether the Constitution granted eminent domain power to...
