Public use is a legal requirement under the

Takings Clause The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the Bi ...

("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, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and t ...

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 In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

's decision in '' Kelo v. City of New London'' (2005). In that decision, the Court upheld the precedent regarding economic development takings set forth in '' Hawaii Housing Authority v. Midkiff'' and '' Berman v. Parker'', 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 in and around Gettysburg, Pennsylvania. Locations of military engagements extend from the site of the first shot & at Knoxlyn Ridge ...

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 the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...

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

References

See also