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Chicago, Burlington & Quincy Railroad Co. v. Chicago 166 U.S. 226 (1897)

CHICAGO, BURLINGTON & QUINCY RAILROAD CO. v. CHICAGO 166 U.S. 226 (1897)

A 7–1 Supreme Court here sustained a $1 award as just compensation for a taking of property, holding that the seventh amendment precluded it from reexamining facts, decided by a jury, which dictated that amount. Although due process required compensation, a nominal sum did not deprive the railroad of either due process or equal protection. The Court required a "fair and full equivalent for the thing taken by the public" and stressed the necessity for understanding the spirit of due process. "In determining what is dueprocessoflaw, regard must be had to substance, not to form."

David Gordon
(1986)

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