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John Barron, Survivor Of John Craig, For The Use Of Luke Tiernan, Executor Of John Craig v. The Mayor And City Council Of Baltimore

1833 • 32 U.S. 243 • Marshall Court
John Barron, survivor of John Craig, for the use of Luke Tiernan, executor of John Craig brought a case against the Mayor and City Council of Baltimore. The dispute was over whether or not the city had taken possession and ownership rights to certain land owned by Craig in 1829. At that time, Baltimore had passed an ordinance which allowed them to take control over any land within their boundaries if it was deemed necessary for public use such as roads or canals. In this particular instance...Open Case
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Chief Marshall Court
Term: 1833
32 U.S. 243
8 L. Ed. 672
1833 U.S. LEXIS 346
Argued: Feb 08, 1833

John Barron, Survivor Of John Craig, For The Use Of Luke Tiernan, Executor Of John Craig v. The Mayor And City Council Of Baltimore

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Opinion Summary
AI Abstract

John Barron, survivor of John Craig, for the use of Luke Tiernan, executor of John Craig brought a case against the Mayor and City Council of Baltimore. The dispute was over whether or not the city had taken possession and ownership rights to certain land owned by Craig in 1829. At that time, Baltimore had passed an ordinance which allowed them to take control over any land within their boundaries if it was deemed necessary for public use such as roads or canals. In this particular instance however, there were no plans to build anything on the property so Barron argued that his right to own it should be respected. The Supreme Court ultimately sided with Barron ruling that cities do not have unlimited power when taking private property and must provide just compensation whenever they do so unless there is a clear public purpose behind it.

Dissent Summary
AI Abstract

In the case of John Barron, Survivor of John Craig, for the Use of Luke Tiernan, Executor of John Craig v. The Mayor and City Council of Baltimore (1833), Justice McLean wrote a dissenting opinion in which he argued that states should not be allowed to take away rights granted by federal law. He believed that if state governments were given this power it would lead to an imbalance between state and federal authority. He also argued that while states may have certain powers over their own property within their borders, they do not have the right to interfere with private property or contracts made under federal laws without due process. In conclusion, Justice McLean asserted that allowing states to override federally-granted rights would create chaos and undermine our system of government as a whole.

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