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Chicago, Burlington & Quincy Railroad Co. v. City of Chicago
(詳細は166 U.S. 226 (1897), incorporated the takings clause of the 5th Amendment into the due process clause of the 14th Amendment by requiring states to provide just compensation for seizing private property. This was the first Supreme Court case that incorporated an amendment of the Bill of Rights and applied it to a state or local government. Prior to this case, the Bill of Rights was considered to only apply to the federal government.
==Facts of the Case==
The Chicago city council decided on October 9, 1880 to widen Rockwell Street, which required appropriating land owned by private individuals, as well as the right of way for property owned by Chicago, Burlington & Quincy Railroad Company. In a jury trial, the jury awarded fair compensation to the individual land owners for condemning their lots, and awarded the railroad company one dollar ($1.00) for appropriating the right of way for its property (166 U.S. 226, 230). The railroad company appealed.
The City of Chicago contended that due process of law was purely procedural and only required allowing the railroad company's case to be heard: "the question as to the amount of compensation to be awarded to the railroad company was one of local law merely, and...the company appearing and having full opportunity to be heard, the requirement of due process of law was observed" (166 U.S. 226, 233).
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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