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Simple English definitions for legal terms

public use

Read a random definition: Treasure trove

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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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