In the case County of Allegheny v. Frank Mashuda Co., et al., 1958, the U.S. Supreme Court ruled that due process was violated when a county in Pennsylvania took possession of private property for public use without providing adequate notice or opportunity to be heard by the owners. The court held that while eminent domain allows governments to take private property for public use, it must provide just compensation and follow due process procedures under the Fifth Amendment. In this case, Allegheny County had taken possession of land owned by Frank Mashuda Co before any legal proceedings were initiated and without giving them an opportunity to challenge whether taking their land was necessary for public use or if they were being adequately compensated.

In the dissenting opinion for County of Allegheny v. Frank Mashuda Co., Justice Harlan argued that the majority's decision was inconsistent with previous rulings and undermined property rights. He contended that the government should not be able to seize private property without providing just compensation, as required by the Fifth Amendment. In this case, he believed that Mashuda Co.'s land had been taken unlawfully because they were not given a fair opportunity to negotiate before their land was condemned for public use. Furthermore, he criticized the majority's reliance on "public necessity" as justification for taking away private property rights without due process or just compensation. This approach, according to him, could lead to arbitrary and unfair outcomes in future cases involving eminent domain laws.