In the 1891 case of People of the State of New York ex rel. New York Electric Lines Company v. Squire, the U.S Supreme Court was asked to determine whether a state law that allowed for private property to be taken for public use without just compensation violated due process under the Fourteenth Amendment. The court held that it did not violate due process as long as there is reasonable notice and opportunity for hearing before an impartial tribunal prior to deprivation of life, liberty or property rights. This decision upheld a lower court ruling which had granted permission to lay electric lines beneath city streets in Brooklyn, NY despite objections from affected landowners who were not compensated by either party involved in laying down these lines.

In the dissenting opinion for PEOPLE OF THE STATE OF NEW YORK EX REL. NEW YORK ELECTRIC LINES COMPANY v. SQUIRE, 1891, it was argued that the decision to deny New York Electric Lines Company's request to lay underground electric lines was unjustified and violated their rights under the Fourteenth Amendment. The justice believed that there were no valid reasons provided by the city of New York for denying this permission as they had previously granted similar permissions to other companies in comparable situations. Therefore, he viewed this denial as an arbitrary act which deprived New York Electric Lines Company of its property without due process of law and equal protection under the laws - both fundamental principles enshrined in the Fourteenth Amendment.