In the 1896 case of Chicago, Burlington and Quincy Railroad Company v. Chicago, the U.S. Supreme Court ruled that private property could not be taken for public use without just compensation to its owner, as per the Fifth Amendment's Takings Clause. The city of Chicago had condemned a portion of land owned by the railroad company for a street expansion project but did not provide adequate compensation in return. The court held that this constituted an infringement on due process rights under the Fourteenth Amendment because it deprived individuals or corporations of their property without fair payment. This decision marked one of the first times that provisions from Bill of Rights were applied to state law through incorporation doctrine - extending federal constitutional protections to actions at state level.

In the dissenting opinion for the case of Chicago, Burlington and Quincy Railroad Company v. Chicago, Justice Harlan argued that while he agreed with the majority's decision to apply federal due process protections to state actions involving private property rights, he disagreed with their interpretation of what constituted "due process." He believed that a jury trial should be required in all cases where private property is taken for public use. According to him, this was necessary because it would ensure fairness by allowing an impartial group of citizens rather than government officials or judges alone determine just compensation. Furthermore, he expressed concern about potential abuses if governments were allowed too much discretion in determining compensation without adequate checks and balances provided by a jury system. Thus, his main disagreement was not on whether due process applied but how it should be implemented when dealing with eminent domain issues at state level.