The 1111 has been liberally inter preted by thy It is held to include not only piddle improvements parried on by the State, as the eonstrnet ion of harbors, ea 11:11s, for tifications, the erection of lighthouses, and other public buildings, etc., but also private or quasi public enterprises in which the public: have an interest, as railroads, ferries, turnpikes, bridges. mills, etc. In the latter class of cases the State may act through a corporation or individual, act ing as its agent, and it is no objection to the exercise of the power that it involves gain or is sought for purposes of gain by such agent.
As to what constitutes 'due process of law' in such cases there is sonic difference of opinion. The usual procedure is by condemnation proceed ings, the course of which is determined by gen eral law. These are instituted, like any equity suit, by petition presented to a court of coot petent jurisdiction, and hearings may be had, either by the court or before a master or referee appointed for the purpose. The final step in such a proceeding is an order of condemnation and award, which is binding like any other judicial decree or judgment. !tut the Legislature may -substitute any other process, no matter how sum mary, provided only that notice of the proceed ings is given to the owner of the property to be taken.
Just compensation means payment of the full value of the property taken or of any interest therein, whether present or future, vested or eon ting,ent. There has been some conflict of au thority as to whether the flooding of lands and the construction and operation of an elevated railroad to the detriment of adjoining owners constitute a 'taking' of property within the sense of the constitutional provision, hut the later and the prevailing view is that the owner is entitled to compensation in such eases. But for merely consequential damages resulting from public works, be must usually look for relief to other provisions of law or to the Legislature.
Consult: Kent, Coin inentaries on. American Law; Mills, Eminent Domain (2d ed., Saint Louis, 1888) ; Lewis, Eminent Domain (2d. ed.. Chicago, 1900) ; Randolph, Eminent Domain. (Boston, 1894) : Cooley. Treatise on the Con stitutional Limitations which Rest Upon the Leyislatire Power of the State (11th ed., Bos ton, ; Thayer, Cases in Constitutional Law (Boston, 1894). See SOVEREIGNTY; TAX; POLICE POWER.