In the case of Ash Sheep Company v. United States in 1919, the Supreme Court ruled on a dispute over grazing rights on federal land. The Ash Sheep Company had been using certain public lands for sheep grazing without any formal lease or permit from the government. When the Secretary of Agriculture issued regulations limiting such use to prevent overgrazing and soil erosion, Ash Sheep Co challenged these rules as an unconstitutional taking of property without compensation. However, the court held that since there was no legal right to graze livestock on public lands without authorization from Congress or its delegated authority (in this case, Department of Agriculture), there could be no taking because there was no property interest at stake. Therefore, it upheld restrictions imposed by Department of Agriculture against unauthorized grazing activities.

In the dissenting opinion for Ash Sheep Company v. United States, it was argued that the government's actions were not justified under its power of eminent domain. The justice disagreed with the majority's interpretation of "public use," arguing that this case did not meet such criteria as no actual physical possession or control over the land in question was taken by the government. Instead, they merely restricted its use to protect nearby military operations from potential interference caused by sheep grazing activities. This restriction on private property rights without just compensation, according to him, amounted to a violation of Fifth Amendment protections against taking private property for public use without fair payment and due process of law.