Coming now to a consideration of the specific constitutional provisions relating to the exercise of the power of eminent domain, two lines of analysis must be considered, the one relating to the purposes for which the power may be exercised, the other to the compensation which must be made; for while the specific provisions are only that private property shall not be taken for a public use without just compensation, such a provision is interpreted as meaning that the state or federal government shall not take private property for a private use whether with or without compensation.

At the outset it is important to notice that while the clause of the federal constitution, "nor shall private property be taken for public use without just compensation " (Amend. V) applies only to the federal government, and makes applicable to that government a restriction which is imposed on state governments by their various constitutions, nevertheless, the power of the states in this as in other respects is expressly circumscribed by the provision of the federal constitution, that no state shall deprive any person of his property without due process of law (Amend. XIV); for it is clear that the taking of property under a pretended exercise of the power of eminent domain, but for a purpose not public, would be a violation of fundamental property rights. The guaranty of the Fourteenth Amendment as to equal protection of the laws has no very direct application to the exercise of the power of eminent domain by the states, for in the nature of things the taking of specific property for public use cannot be in accordance with any rule of uniformity. Equality of burden in this respect is secured by the provision requiring just compensation to be made.