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Simple English definitions for legal terms

public use

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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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windyMagician
11:09
shaq hows ur love life going? any updates?
shaquilleoatmeal
11:14
damn couldnt even get to Christmas dinner before this question lmao im not looking for anything serious rn so no updates lol
11:14
i made out with my ex in a stairwell the other day if you care. my only update
shaquilleoatmeal
11:14
oof
shaquilleoatmeal
11:14
twitter ex or a different ex
11:15
different ex
windyMagician
11:15
since its not Twitter dude I'll forgive it
shaquilleoatmeal
11:17
at least you did that before the new year, cant carry that baggage in 25
11:17
I think he thinks if I move to nyc we’re going to get back together
11:17
that’s not my plan tbh
jackfrost11770
11:18
this is so funny
shaquilleoatmeal
11:19
lmao damn wish id be classmates with this dude
shaquilleoatmeal
11:20
@cheriebomb: you never know what the future holds
jackfrost11770
11:20
also cherie fallen soldier
jackfrost11770
11:20
i got home at 8 am from the club and my neighbor was leaving to go biking. truly living in different worlds
11:20
i don’t fw him that heavy tbh
11:21
i get along better with his friends than i do with him
windyMagician
11:21
nah the hiking in Nike blazers deserves jail time
11:21
he was already vomiting and shitting in a hole I think he did his penance
windyMagician
11:26
call that restorative justice
11:35
they put a place in the UK second. I don’t trust their methodology
shaquilleoatmeal
11:35
im laughin cause it definitely isnt but the fact that some people this it is is comical
shaquilleoatmeal
11:35
tink*
shaquilleoatmeal
11:35
think jee
shaquilleoatmeal
11:35
jeez - im over it
11:37
imagine saying you want to go to boston for christmas 💀
shaquilleoatmeal
11:40
imagine you not wanting to go what lmao
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