In the case of Kohl v. Lehlback, decided in 1895, the United States Supreme Court ruled on a matter concerning eminent domain. The federal government sought to acquire private property in Cincinnati for use as a post office and courthouse. The owners of this property contested this acquisition, arguing that it was not within the constitutional powers of Congress to take their land for public purposes under its right of eminent domain because they believed such power could only be exercised by states or delegated by them to municipalities or corporations. The court disagreed with these arguments and upheld Congress's right to exercise eminent domain anywhere within U.S territory regardless if it is owned privately or publicly. It stated that while states have concurrent authority over lands within their borders, they cannot prevent the national government from exercising its own rights therein too when necessary for federal purposes. This decision affirmed that the Constitution grants broad powers to Congress regarding matters essential for national operations like establishing post offices and courthouses which are considered legitimate uses under eminent domain law.

In the dissenting opinion for KOHL v. LEHLBACK, Justice Brewer argued that the New Jersey statute in question did not violate the Fourteenth Amendment's due process clause. He contended that it was within a state's power to regulate private property use when it affected public interests and safety. The majority had ruled against a law allowing warehousemen to sell unclaimed goods after six months, but Brewer believed this was reasonable given storage costs and potential hazards of keeping such items indefinitely. Furthermore, he disagreed with the majority’s interpretation of “due process,” stating that it should be understood as procedural fairness rather than substantive rights protection; thus, if proper notice is given before selling unclaimed goods (as required by NJ law), then no constitutional violation occurs.