In the 1901 U.S. Supreme Court case Maese v. Herman, the court ruled on a dispute involving land ownership in New Mexico. The plaintiff, Maese, claimed that he had purchased land from an individual who had received it as part of a Mexican Land Grant before New Mexico became part of the United States. However, Herman disputed this claim and argued that he was entitled to possession based on his own purchase from another party after New Mexico's admission into the Union. The main issue revolved around whether or not Maese could prove his title originated from a valid grant by Spanish authorities prior to American sovereignty over New Mexico territory. The Supreme Court held that while there was evidence supporting both claims of ownership, it ultimately sided with Herman because Maese failed to provide sufficient proof for his claim under Spanish law at time when Spain controlled these lands (prior to 1846). Therefore, since no clear record existed showing any official act recognizing or confirming such alleged grant by competent authority during Spanish rule period; thus making it impossible for him legally establish rightful ownership based solely upon said supposed historical transaction.

In the dissenting opinion for Maese v. Herman, it was argued that the majority's decision failed to adequately consider the rights of property owners in relation to public use claims. The dissenters believed that while there is a need for government regulation and control over certain aspects of private property for public benefit, this should not extend so far as to infrive upon an individual's right to their own land without just compensation or due process. They contended that such actions could potentially lead towards a dangerous precedent where personal liberties are sacrificed at will by those in power under the guise of serving greater societal needs. Therefore, they disagreed with ruling which allowed city authorities to take possession of privately owned lands without providing adequate compensation or following proper legal procedures.