Public use is a legal requirement under the

Takings Clause The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amen ...

("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 Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...

for "public use" be paid "just compensation." The distinction between ''public use'' and ''public purpose'' has created a doctrinally confusing and highly controversial subset of public use doctrine. This controversy was renewed after the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

's decision in ''

Kelo v. City of New London ''Kelo v. City of New London'', 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner ...

'' (2005). In that decision, the Court upheld the precedent regarding economic development takings set forth in ''

Hawaii Housing Authority v. Midkiff ''Hawaii Housing Authority v. Midkiff'', 467 U.S. 229 (1984), was a case in which the United States Supreme Court held that a state could use eminent domain to take land that was overwhelmingly concentrated in the hands of private landowners and ...

'' and ''

Berman v. Parker ''Berman v. Parker'', 348 U.S. 26 (1954), is a landmark decision of the United States Supreme Court that interpreted the Takings Clause ("nor shall private property be taken for public use, without just compensation") of the Fifth Amendment to the ...

'', and permitted, in a 5–4 decision, the taking of private property that was to be transferred to a private developer. In '' United States v. Gettysburg Electric Ry. Co.'', , the Supreme Court ruled in 1896 that seizing the railway for

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 site of the first sho ...

historic preservation Historic preservation (US), built heritage preservation or built heritage conservation (UK), is an endeavor that seeks to preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical significance. It is a philos ...

"seems" to be "a public use". Takings that are not "for public use" are not directly covered by the doctrine, however such a taking will likely violate

due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...

rights under the Fourteenth Amendment or other applicable law.''C.f.'', City of Pittsburgh v. Alco Parking Corp., 417 U.S. 369 (1974).

References

See also