track;[647] establishment by a municipality of a public hack stand
upon the driveway maintained by a railroad upon its own terminal grounds
to afford ingress and egress to its patrons.[648] Likewise, damages for
which compensation must be paid are sustained by an upper riparian
proprietor by reason of the erection of a dam by a lower mill owner
under authority of a "mill act."[649] On the other hand, even when
compensation is tendered, an owner of property cannot be compelled to
assent to its taking by the State for the private use of another. Such a
taking is prohibited, by the due process clause. Thus, a State, by law,
could not require a railroad corporation, which had permitted the
erection of two grain elevators by private citizens on its right of way,
to grant upon like terms, a location to another group of farmers
desirous of erecting a third grain elevator for their own benefit.[650]

Just Compensation

"When * * * [the] power [of eminent domain] is exercised it can only be
done by giving the party whose property is taken or whose use and
enjoyment of such property is interfered with, full and adequate
compensation, not excessive or exorbitant, but just compensation."[651]
However, "there must be something more than an ordinary honest mistake
of law in the proceedings for compensation before a party can make out
that the State has deprived him of his property
unconstitutionally."[652] Unless, by its rulings of law, the State court
prevented a complainant from obtaining substantially any compensation,
its findings as to the amount of damages will not be overturned on
appeal, even though as a consequence of error therein the property owner
received less than he ought.[653] Accordingly, when a State court,
expressly recognizing a right of recovery for any substantial damage,
found that none had been shown by the proof, its award of only $1 as
nominal damages was held to present no question for review.[654] "All
that is essential is that in some appropriate way, before some properly
constituted tribunal, inquiry shall be made as to the amount of
compensation, and when this has been provided there is that due process
of law which is required by the Federal Constitution."[655]

"The general rule is that compensation 'is to be estimated by reference
to the uses for which the property is suitable, having regard to the
existing business and wants of the community, or such as may be
reasonably expected in the immedia