Stephen J. Field: Dissent in Munn v. Illinois

( 1877 ) Commentary by James W. Ely, Jr., Vanderbilt University School of Law

“If the legislature of a State, under pretense of providing for the public good, can determine, against the consent of the owner, the uses to which private property shall be devoted, or the prices which the owner shall receive for its uses, it can deprive him of the property as completely as by a special act for its confiscation or destruction.” - Opinion in Munn v. Illinois
“All that is beneficial in property arises from its use, and the fruits of that use; and whatever deprives a person of them deprives him of all that is desirable or valuable in the title and possession.” - Opinion in Munn v. Illinois

Stephen J. Field (Library of Congress)

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