Chicago, Burlington & Quincy Railroad Co. v. City of Chicago
1897 United States Supreme Court case

Chicago, Burlington & Quincy Railroad Co. v. City of Chicago, 166 U.S. 226 (1897), was a ruling that determined the Due Process Clause of the Fourteenth Amendment required states to provide just compensation for seizing private property.
Background
Chicago City Council decided on October 9, 1880, to widen Rockwell Street, which required appropriating land owned by private individuals as well as a right of way owned by Chicago, Burlington & Quincy Railroad Company. In a jury trial, the jury awarded the individual land owners the fair value of their land but awarded the railroad company only $1. 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: "[T]he 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."
Majority opinion
Justice Harlan delivered the opinion of the court. Justice Brewer was the sole dissenter, and Chief Justice Melville Fuller took no part.
"Regard must be had to substance, not to form"
Justice Harlan argued that the concept of due process of law required fair compensation to be given for any private property seized by the state.
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