Youngstown Sheet & Tube Co. v. Sawyer · ¶192

The steel mills were seized for a public use. The power of eminent domain, invoked in this case, is an essential attribute of sovereignty and has long been recognized as a power of the Federal Government. Kohl v. United States, 91 U. S. 367 (1876). Plaintiffs cannot complain that any provision in the Constitution prohibits the exercise of the power of eminent domain in this case. The Fifth Amendment provides: “nor shall private property be taken for public use, without just compensation.” It is no bar to this seizure for, if the taking is not otherwise unlawful, plaintiffs are assured of receiving the required just compensation. United States v. Pewee Coal Co., 341 U. S. 114 (1951).

U. S. Reports, bound volume
U. S. Reports, volume 343, at 579 (Library of Congress) · transcription: Caselaw Access Project
Passage preview. Read in context for the complete text, notes and references.