In the case of William H. Aspinwall, Joseph W. Alsop, Henry Chauncey, Charles Gould and Samuel L. M. Barbour v The Board of Commissioners of the County of Daviess (1859), plaintiffs argued that they were entitled to compensation for damages caused by a road improvement project in which their property was taken without due process or just compensation as required by law. The Supreme Court ruled in favor of the plaintiffs and held that when private property is taken for public use it must be done with due process and proper compensation given to those affected; otherwise it would constitute an unconstitutional taking under the Fifth Amendment's Takings Clause. This ruling established a precedent whereby governments are obligated to provide fair market value for any land acquired through eminent domain proceedings or other similar projects involving private property rights

In the dissenting opinion of this case, Chief Justice McLean argued that the Board of Commissioners had acted within their rights when they imposed a tax on certain property owners in Daviess County. He stated that it was not necessary for them to have obtained permission from the state legislature before imposing such taxes and that there was no legal requirement for them to do so. Furthermore, he argued that even if such permission were required, then it would be up to those affected by the tax - namely, the plaintiffs - to challenge its legality rather than relying on an appeal from another party. In conclusion, Chief Justice McLean asserted his belief that since no laws had been broken or violated by either side in this dispute over taxation authority in Daviess County, then any decision should be made based solely upon equity and fairness between all parties involved.