The Power of the State to Control the Compensation Receivable for the Use of Private Property, and for Services in Connection With It, Considered ... Court, in the Chicago Elevator Case, and the - Softcover

Inhaltsangabe

Exploring the limits of state power over private property and railroad charters.

This volume presents Justice Field’s dissenting views on the Chicago elevator and Granger cases, arguing that legislative fiat should not arbitrarily fix compensation for use of property or services.

The text contrasts police power with private property rights and shows how, in the framework of the Constitution, the state’s regulation of uses and fees can go too far when it subjects property to shifting political will. It frames the key disagreement over whether public welfare can justify broad control, or if contracts and private interests must be protected from legislative overreach. The discussion draws on historical authorities and common-law principles to illuminate the balance between public regulation and private rights.

• See how the author distinguishes legitimate public regulation from unwarranted interference with private business.
• Learn the role of contracts and charters in protecting the cost and operation of essential services.
• Understand the judicial debate around whether compensation for property use can be legislated or must be determined through fair process.
• Get context on early interpretations of state power in the Granger era and its implications for railroads and other private enterprises.

Ideal for readers of legal history, constitutional law, and the evolution of property rights in the United States.

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