The acquisition of land by the state under the power of eminent domain is subject to the same rules as acquisition in this way by private persons and corporations, and will be treated of in that connection.8
2 Johnson v. Mcintosh, 8 Wheat 543; Cherokee Nation v. Georgia, 5 Pet 1, 17; U. S. v. Cook, 19 Wall. 591.
3 Goodell v. Jackson, 20 Johns. (N. Y.) 693. And see Marshall, C. J., in Johnson v. Mcintosh, 8 Wheat. 543.
4 Martin v. Waddell's Lessee, 16 Pet. 367; Com. v. Roxbury, 9 Gray (Mass.) 451; People v. Ferry Co., 68 N. Y. 71, 78.
5 1 Stini. Am. St Law, § 1162. The United States constitution forbids forfeiture beyond the life of the offender. Under the act of July 17, 1862, confiscating the property of persons in rebellion, the offender had no estate remaining in him which he could convey. Wallach v. Van Riswick, 92 U. S. 202. When a forfeiture Is enforced, the United States or state takes only the title of the offender. Borland v. Dean, 4 Mason, 174, Fed. Cas. No. 1,660; Shields v. Schiff, 124 U. S. 351, 8 Sup. Ct 510.
7 See ante, p. 30.
Transfer from Private Persons.
And for the same reason acquisition of land by the state from private persons by any of the modes of conveyance which operate between individuals will not be considered here. The states may convey land to the United States, or vice versa, by ordinary forms of conveyance.