Majority opinion Chicago, Burlington & Quincy Railroad Co. v. City of Chicago

wanting in due process of law required fourteenth amendment

after determining compensation therefore required conception of due process of law, court first time incorporated amendment fourteenth amendment s due process clause:

in our opinion, judgment of state court, if authorized statute, whereby private property taken state or under direction public use, without compensation made or secured owner, is, upon principle , authority, wanting in due process of law required fourteenth amendment of constitution of united states, , affirmance of such judgment highest court of state denial state of right secured owner instrument.

having decided state required give compensation after seizing private property public use, majority found compensation had in fact been given railroad company state, in case.