Alexander Wood Renton

“ The police power fetters rights of property; eminent domain takes them away. The power of taxation is analogous to eminent domain as regards the purposes to which the contribution of the tax-payer is to be applied. But, unlike eminent domain, it does not necessarily involve a taking of specific property for those purposes. The destruction of property in military operations—or in the discharge by Government of other duties in cases of necessity, e.g. in order to check the progress of a fire in a city—clearly cannot be said to be an exercise of the power of eminent domain. ”

“ The question whether the element of compensation is necessarily involved in the idea of eminent domain has in modern times aroused much controversy. According to one school of thought (see Lewis, Eminent Domain, s. 10) , this question must be answered in the negative. According to a second, whose view has the support of the civilians (see Randolph, Eminent Domain, s. 227; Mills, Eminent Domain, s. 1) compensation is an inherent attribute of the power. ”

“ Subject to this definition, the term “public” receives a wide interpretation. All kinds of property may be taken; and the procedure indicated by the different legislatures must be followed. Any contravention of this rule would involve a breach of the 5th Amendment of the Federal Constitution, which provides that “no person . ”