In the case of Dohany v. Rogers, State Highway Commissioner of Michigan et al., 1929, the U.S Supreme Court was tasked with determining whether a state law that allowed for the taking and damaging of private property for public use without just compensation violated due process under the Fourteenth Amendment. The plaintiff, Dohany, argued that his property value had been significantly reduced when part of it was taken by the state to widen a highway. The court ruled in favor of Rogers and held that while states have an obligation to provide just compensation when they take private property for public use (eminent domain), this does not extend to consequential damages suffered as a result from such actions. Therefore, even though Dohany's remaining land decreased in value because its proximity to traffic increased after road expansion project completion; he wasn't entitled any further compensation beyond what he received initially for portion used by state.

In the dissenting opinion for Dohany v. Rogers, it was argued that the majority's decision to uphold Michigan's Highway Act as constitutional was incorrect. The dissenting justices believed that the act violated property rights protected by due process under the Fourteenth Amendment of the U.S Constitution. They contended that while a state has power to regulate use of its highways, this power does not extend to completely depriving an owner of his or her property without compensation. In their view, if a highway is relocated and leaves a landowner with no access except over private lands or by permission from authorities, then such action constitutes taking away property without just compensation which contradicts Fifth Amendment protections against uncompensated takings.