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Simple English definitions for legal terms
public use
Read a random definition: steal
A quick definition of public use:
Public use means that the government can take private property for the benefit of the public, like building schools, parks, or roads. The government must pay the owner of the property fairly for what they take. The Fifth Amendment of the United States Constitution says that private property cannot be taken for public use without just compensation. This is called eminent domain. The government can decide what public use means, but it must be for the good of the people. Some famous court cases about public use include United States v. Gettysburg Electric Railroad Company, Berman v. Parker, and Kelo v. City of New London.
A more thorough explanation:
Definition: Public use refers to the right of the public to use property that was once privately owned after it has been taken by the federal or state government through its eminent domain power. The government can take private property as long as the owner is fairly compensated, and the property taken must be for a public use.
For example, public use can include infrastructure and services such as public schools, public utilities, parks, and transit operations. Some jurisdictions define public use to mean “public benefit” or “public advantage”. Other jurisdictions limit its meaning to actual use by the public (“public employment”).
Three landmark cases concerning public use are:
- United States v. Gettysburg Electric Railroad Company (1896): The Supreme Court established the lawfulness of condemnation of nearly any piece of land, with compensation. The court stated that when it came to public use, “No narrow view of the character of this proposed use should be taken. Its national character and importance, we think, are plain.”
- Berman v. Parker (1954): In this case, the Supreme Court held that because the Fifth Amendment does not specify what land must be used for besides “public use”, Congress has the power to decide what the use might be. The court also stated that “once the question of the public purpose has been decided, the amount and character of land to be taken for the project and the need for a particular tract to complete the integrated plan rests in the discretion of the legislative branch.”
- Kelo v. City of New London (2005): The Supreme Court ruled that redistributing the land as part of a detailed economic plan fulfilled the public use requirement, according to Conn. Gen. Stat. § 8-816, because the increase in economic welfare that would result from the development would improve the public welfare of the citizens of Connecticut. The Court used a more expansive definition of “public use” and did not confine the concept to literal usage by the public, but viewed it broadly to include public benefit or general welfare.
These examples illustrate how the government can take private property for public use as long as the owner is fairly compensated. The definition of public use can vary depending on the jurisdiction and the circumstances of the case.