In the case of Heim v. McCall, decided in 1915, the U.S. Supreme Court upheld a New York state law that regulated ice harvesting on privately owned waters that were navigable and used for public purposes. The plaintiff, an ice harvester who had purchased exclusive rights to harvest ice from certain parts of the Hudson River, argued that this law violated his property rights under the Fourteenth Amendment's Due Process Clause. However, Justice Oliver Wendell Holmes Jr., writing for a unanimous court, rejected this argument stating that while private interests could be pursued on such waters they remained subject to government regulation because these bodies of water served important public functions beyond their use by individual owners or leaseholders.

In the dissenting opinion for Heim v. McCall, Justice Holmes disagreed with the majority's view that a New York law regulating ice harvesting on privately owned waters violated due process rights under the Fourteenth Amendment. Holmes argued that private property rights are subject to regulation in order to protect public interests and welfare. In this case, he believed that ensuring access to natural ice during times of shortage was a legitimate public interest which justified state intervention. The justice also contended that just because an owner has absolute control over their property in some respects does not mean they have it in all respects; there can be restrictions for societal benefits without violating constitutional principles.