be compensated if his property be wrested from him and transferred to the public. "Wanting in the due process of law required by the fourteenth amendment" The court determined that just compensation was required for a conception of due process of law: In our opinion, a judgment of a state court, even if it be authorized by statute, whereby private property is taken for the state or under its direction for public use, without compensation made or secured to the owner, is, upon principle and authority, wanting in the due process of law required by the fourteenth amendment of the constitution of the United States, and the affirmance of such judgment by the highest court of the state is a denial by that state of a right secured to the owner by that instrument. Having decided that the state is required to give just compensation after seizing private property for public use, the majority then found that just compensation had in fact been given to the railroad company by the state. Dissenting opinion In his dissent, Justice Brewer agreed that the due process of law required just compensation but disagreed with the majority finding that just compensation had indeed been given to the railroad. He argued that the $1 in compensation given to the railroad was merely nominal. In response to the majority opinion, Brewer wrote: It is disappointing, after reading so strong a declaration of the protecting reach of the fourteenth amendment, and the power and duty of this court in enforcing it as against action by a state by any of its officers and agencies, to find sustained a judgment, depriving a party - even though a railroad corporation - of valuable property without any, or at least only nominal, compensation. See also Chicago B. & Q.R. Co. v. Krayenbuhl List of United States Supreme Court cases, volume 166 Incorporation of the Bill of Rights References External links United States Supreme Court cases United States Supreme Court cases of the Fuller Court Takings Clause case law 1897 in United States case law Chicago, Burlington and Quincy Railroad Incorporation case law Transportation in Chicago Railway litigation in 1897