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Simple English definitions for legal terms

public use

Read a random definition: in casu proviso

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.

public trust doctrine | Public utilities

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14:03
I just cant remember if thats how Davis did it last year
WorthlessAttractiveZombie
14:03
I applied Sept 1, and people who applied after me are getting decisions so....
we thinking GULC wave today?
HopefullyInLawSchool
14:03
@Skydog1969: They might be only releasing results for YM right now
14:03
could just be that you are not an automatic yes or no, but maybe they want to look at your app more. Don't lose hope
gonna get a virtual spray bottle
14:04
true that could be it
WorthlessAttractiveZombie
14:04
@Skydog1969: yeah, I am not a California resident so I technically have no reason to be applying there
HopefullyInLawSchool
14:04
im a resident so for me even scarier
14:05
@WorthlessAttractiveZombie: My legal address says I am from NJ but I live in CA.
14:06
I have no business applying based on my stats but its where I went to undergrad
14:07
Has anyone not heard back from any schools and is pushing two months in a couple weeks?
Wait gulc wave would go crazy
1a2b3c4d26z
14:15
I love that someone went through the effort of making that post
1a2b3c4d26z
14:17
Nvm their previous posts are hilarious
HopefullyInLawSchool
14:18
Ya this guy is really funny and smart like omg hes just the best
WorthlessAttractiveZombie
14:19
I wonder if they go to the university of YM
HopefullyInLawSchool
14:19
His Irl name is Joe M.
WorthlessAttractiveZombie
14:20
Davis needs to stop playing
HopefullyInLawSchool
14:21
I got two A's today, but my hunger is never ending
14:21
give me UC Davis
babycat
14:22
just straight up evil
hey all good morning
are we expecting any waves today?
HopefullyInLawSchool
14:24
Maybe Pepperdine
HopefullyInLawSchool
14:24
But I think more will arrive tomorrow
babycat
14:24
no one wants to talk about how GULC’s accommodations office is evil with me?
babycat
14:25
GULC to a pregnant 2L who requested final exam accommodations for the week she is expected to give birth: "Motherhood is not for the Faint of Heart."
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