The Power of the State to Control the Compensation Receivable for the Use of Private Property, and for Services in Connection With It, Considered (Classic Reprint) - Softcover
Synopsis
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.
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The Power of the State to Control the Compensation Receivable for the Use of
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Paperback. Condition: New. Print on Demand. This book examines the relationship between states and corporations following the implementation of the Fourteenth and Fifth Amendments to the Constitution. The author argues that the 14th Amendment was not intended to limit the power of states to regulate businesses that affect the public. The 5th Amendment, however, does place limits on state power to take property for public use. These cases are significant because their judicial decisions have essentially destroyed all the guarantees provided by both the Constitution and common law. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Seller Inventory # 9781332837359_0
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The Power of the State to Control the Compensation Receivable for the Use of Private Property, and for Services in Connection With It, Considered The Court, in the Chicago Elevator Case, and the
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The Power of the State to Control the Compensation Receivable for the Use of Private Property, and for Services in Connection With It, Considered The Court, in the Chicago Elevator Case, and the
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The Power of the State to Control the Compensation Receivable for the Use of Private Property, and for Services in Connection With It, Considered: The . Court, in the Chicago Elevator Case, and the
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