Missouri Pacific Railway Co. v. Nebraska
Citations
- 164 U.S. 403
- 17 S. Ct. 130
- 41 L. Ed. 489
- 1896 U.S. LEXIS 1877
Syllabus
<p>The taking by a State of the private property of one person or corporation, without the owner’s consent, for the private use of another, is not due process of law, and is a violation of the Fourteenth Article of Amendment of tlie Constitution of the United States.</p> <p>A statute of a State, by which, as construed by the Supreme Court of the State, a board of transportation is authorized to require- a railroad corporation, which lias permitted th® erection of two elevators by private persons on its right of way at a station, to grant upon like terms and conditions a location upon that right of way to other private persons in the neighborhood, for the purpose of erecting thereon a third elevator, in which to store their grain from time to time, is a taking of private property of the railroad corporation for a private use, in violation of the Fourteenth Article of Amendment of the Constitution of the United States.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- invalidating state administrative order requiring railroad to provide land to private parties for erection of private grain elevator because order constituted impermissible private taking
- taking of railroad's land for operation of private grain elevator was unconstitutional taking of private property for private purpose where elevator was not available for use by public
Source: CourtListener parenthetical corpus (CC0).
Judges: Gray, After Stating the Case
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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