Public use
Encyclopedia
Public use is a legal requirement under the takings clause ("nor shall private property be taken for public use without just compensation") of the Fifth Amendment
of the U.S. Constitution
, that owners of property seized by eminent domain
for the "public use" be paid "just compensation."
The distinction between public use and public purpose has created a controversial subset of public use doctrine. This controversy was renewed after the Supreme Court's
decision in Kelo v. City of New London
, in which the Court permitted, in a 5-4 decision, the taking of private property to sell to a private redevelopment firm. In United States v. Gettysburg Electric Ry. Co.
, , the US Supreme Court
ruled in 1896 that seizing the railway for Gettysburg Battlefield
historic preservation
"seems" to be "a public use".
Takings that are not "for public use" are not directly covered by the doctrine, however such a taking might violate due process rights under the Fourteenth amendment
, or other applicable law.
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
of the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, that owners of property seized by eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
for the "public use" be paid "just compensation."
The distinction between public use and public purpose has created a controversial subset of public use doctrine. This controversy was renewed after the Supreme Court's
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision in Kelo v. City of New London
Kelo v. City of New London
Kelo v. City of New London, 545 U.S. 469 was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development...
, in which the Court permitted, in a 5-4 decision, the taking of private property to sell to a private redevelopment firm. In United States v. Gettysburg Electric Ry. Co.
United States v. Gettysburg Electric Ry. Co.
United States v. Gettysburg Electric Ry. Co. was a case to prevent trolley operations on the Gettysburg Battlefield. The dispute began in August 1891 when the Gettysburg Battlefield Memorial Association's board approved attorney motion to deny trolley right-of-way along GBMA roads...
, , the US Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled in 1896 that seizing the railway for Gettysburg Battlefield
Gettysburg Battlefield
The Gettysburg Battlefield is the area of the July 1–3, 1863, military engagements of the Battle of Gettysburg within and around the borough of Gettysburg, Pennsylvania. Locations of military engagements extend from the 4 acre site of the first shot & at on the west of the borough, to East...
historic preservation
Historic preservation
Historic preservation is an endeavor that seeks to preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical significance...
"seems" to be "a public use".
Takings that are not "for public use" are not directly covered by the doctrine, however such a taking might violate due process rights under the Fourteenth amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, or other applicable law.
See also
- Hawaii Housing Authority v. MidkiffHawaii Housing Authority v. MidkiffHawaii Housing Authority v. Midkiff, 467 U.S. 229 , was a case in which the United States Supreme Court held that a state could use the eminent domain process to take land overwhelmingly concentrated in the hands of private landowners and redistribute it to the wider population of private...