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Chicago, Burlington & Quincy Railroad Company v. Chicago

March 1, 1897

The city of Chicago went to court to condemn a piece of property owned by a railroad in order to connect two separate sections of a street. After the condemnation was successful and the Illinois Supreme Court affirmed the judgment, the railroad sought review in the Supreme Court of the United States, claiming that the city had denied it due process of law by taking its property without just compensation. Although the Court ruled that the railroad was not due further compensation, it stated that the taking of property for public use without just compensation violated the Fourteenth Amendment's due process requirement. In doing so, the Court implicitly applied the Takings Clause of the Fifth Amendment to the states by virtue of the Fourteenth Amendment’s Due Process Clause. The case marked the first time the Court used the Fourteenth Amendment to apply a specific provision of the Bill of Rights to the states, a doctrine later known as incorporation.