User talk:Segand155/sandbox

Beekman v. The Saratoga and Schenectady Railroad Company[edit] In 1831 New York State passed a law encompassing the Saratoga and Schenectady Railroad Company.[1] The law stated that the railroad company to applicable private land for a railroad between Saratoga and Schenectady. Provisions of the law state that the company has to compensate the owners for the fair value of their property. When the state condemned Beckman’s land he objected because he didn’t want to lose his land. Beekman appealed to the Chancery Court of New York for an injunction to confine the state from exercising the power of eminent domain.[1] Beekman claimed the state could not give the private company the power to exercise eminent domain. The railroad company stated that eminent domain could be used as long as it was for a public purpose; therefore the private company could get land. The Chancery Court declared the New York statue constitutional. Chancellor Reuben Hyde Walworth’s opinion emphasized that states could use the power of eminent domain as long as it was for a public purpose and just compensation was made.[1]

Court Decision[edit] The question before the court was whether or not a private company can take land from another private owner. The court decided that it was acceptable for eminent domain to be used as long as it was for public use. The Chancellor identified that Beekman held the land in fee and probably under a title derived from the crown. [1] Nowhere does it say that the property cannot be used for public use upon paying a fair compensation. The only restriction is that the right of eminent domain does not imply a right in the independent power to take property of one citizen and transfer it to another, even for full compensation, where the transfer will not promote the public interest.[1]

Dissents[edit] Objections to this ruling stem from the way a railroad differs from other public improvements. Specifically public improvements such as turnpikes and canals because travelers cannot transport in their own carriages and farmers cannot ship their produce in own cars.[1] The railroad company is not obligated to accommodate the people and could charge whatever they want for tickets or the shipment of goods.

References[edit] 1.^ Gillman, Howard, Mark A. Graber, and Keith E. Whittington. Vol.2. New York: Oxford University Press, 2013.