United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Jones, 109 U.S. 513 (1883)

United States v. Jones

Submitted October 11, 1883

Decided December 10, 1883

109 U.S. 513

Syllabus

1. The power to take private property for public uses, in the exercise of the right of eminent domain, is an incident of sovereignty, belonging to every independent government and requiring no constitutional recognition, and it exists in the government of the United States. Boom v. Patterson, 98 U. S. 406, cited and approved.

2. The liability to make compensation for private property taken for public uses is a constitutional limitation of the right of eminent domain. As this limitation forms no part of the power to take private property for public uses, the government of the United States may delegate to a tribunal created under the laws of a state the power to fix and determine the amount of compensation to be paid by the United States for private property taken by them in the exercise of their right of eminent domain, or it may, if it pleases, create a special tribunal for that purpose. On this point, Kohl v. United States, 91 U. S. 367, cited and approved.