Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1883-08-15
The Right OF Eminent Domain.

DuIlcli, Ill HIS law tuCllOUdTy, ucuHeS
the right of eminent domain TO be "the
inherent sovereign power claimed by
the Legislature of State of controlling
private property for public uses" This
is now the generally-accepted definition
of the photographers, and is the one
preferred by Worcester to all others. II
probably covers the whole ground as
perfectly as any other number of words
could do it. The right of eminent do
main is sovereign and fundamental
one, and back of the power of the Leg
islature is the reserved right of the
people themselves, who are superior to
it and the source whence it derives all
its authority and power.
While the right to exercise the power
of eminent domain is acknowledged to
exist supreme in the people, and can be
granted only through their representa-
tives in the legal way, there is limit
set to their action by the Constitution of
the United States and by the Constitu-
tions of most of the States of the Fed
eral Union, for the protection of the
rights of private persons, declaring that
private property shall not be taken 'for
public uses" without just compensa-
ton. This restriction was long ago
found TO be necessary in order to curb
the aggressive disposition of the ma
jority, and teach the lesson of the in
volatility of the ownership of all prop
erty. Under this inherent principle of
ownership, the legislative right of emil
nent domain can not despoil the poor
est man in the community of his prop
erty () without due process of law and
(2) without just compensation.
The right to exercise this sovereign
privilege of eminent domain is chiefly
valuable in this country to the railroad
corporations, which could not construct
their lines across States or acquire the
title to real estate for their road-beds at
all unless the power to seize, condemn
and take such property had been given
them by the highest authority. This is
an important and indispensable right to
the corporations, and without its exer-
else they could not exist. But when its
money value is considered apart from
what might properly be called the police
regulation which il confers, it is of very
small account, and exists in theory
rather than in practice. For example,
if the Legislature of Illinois should
grant charter to railroad corpora
ton to construct a railroad across the
State, from point to point, the privilege
granted would consist chiefly in the
easement, or the right to take the prop
crty one hundred feet wide from each
terminus of the line, according to law,
whether the owners were willing or not,
by paying therefor "a reasonable COM
pensation. AT this point the corpora
ton falls back on the right of eminent
domain, and the individuals fall back
on their reserved rights under the Con-
stitution, and they exact the full value
of their property. 1t is VIGOROUSLY true
also that a railroad corporation which
has been clothed with this "inherent
sovereign" power of eminent domain is
generally compelled to pay a much
higher. rate for the property il needs for
its use than q private Individual would
be obliged to pay for the purchase Of
the same realty. 1t pays the penalty of
being a corporation and of being desti-
tute of soul the moment that a jury is
summoned by the court TO as
sess the damages and estimate the
value of the land which is needed for
its occupation. In numerous instances,
in all sections of the country where
railroad corporations have been acquir-
ing the right of way, they have found
it cheaper to purchase the entire tract
of land which was penetrated by their
line, and afterwards resell what was
not wanted. 1t is, therefore, the police
regulation that is admitted to exist that
really makes the authority to exercise
the right of eminent domain of much
value to either the corporations or the
people. The companies pay a high
price in cash in the end for all they ac-
quire, more in proportion than any
other purchasers are required TO pay,
and the people, through the Legislature,
still assert the right of control over
them. They require them to conform
to the laws which have been or may be
enacted for their government. The
right of eminent domain is of great i'm
portance both TO the corporations using
il and the people granting it, not so
much because of the money value of
the franchises and privileges given on
one side and accepted on the other as
from the continued right to maintain
the sovereignty of the people over all
the creatures that exist by the act of
their Legislature. If it were possible
for railroad to construct its lines in n
new and unsurveyed territory, tres
passing upon no private persons prop
erty, crossing neither public highway
nor navigable water course, and hold
ing its charter only from the Congress
of the United States, the Legislature of
the Territory whenever it met, or of the
State that may afterwards be formed
out of it. or the people, would still as
sert and maintain this ''inherent SOW
ereign power" of eminent domain over
the corporation.