Public Use in United States

Public Use Definition

The nature of the “public use” for which private property may be taken is “flexible” (43 N. J. Law, 384), “dependent somewhat on the situation and wants of the community for the time being” (1 N. J. Eq. 694), and not reducible to any set of rules or principles of certain and uniform application (7 W. Va. 195). It has been limited to use by the public themselves (21 W. Va. 534), and, on the other hand, extended to any use for the public utility or advantage (16 Gray fMass.] 417). The use may be by a private person for the public benefit (17 N. H. 57), and it is immaterial that such person may derive private profit therefrom (39 N. Y. 171). The establishment of public highways is an undisputed public use (103 Mass. 120), as is the establishment of a railway line (23 Wall. [U. S.] 108; 9 N. Y. 100), and its various facilities, as depots (111 Mass. 125), but spur tracks for private advantage have been held not to be (40 Ohio St. 504; 48 Fed. 615). Canals (39 N. Y. 171), public wharves (110 N. Y. 569), drains necessary to preserve the public health (72 N. Y. 1), irrigation (4 Colo. 100), public cemeteries (66 N. Y. 569), public grain elevators (68 N. Y. 208), have been held to be public purposes.

Public Use in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Public Use

Scan Public Use in the appropriate area of law:

Back to Top

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

The nature of the “public use” for which private property may be taken is “flexible” (43 N. J. Law, 384), “dependent somewhat on the situation and wants of the community for the time being” (1 N. J. Eq. 694), and not reducible to any set of rules or principles of certain and uniform application (7 W. Va. 195). It has been limited to use by the public themselves (21 W. Va. 534), and, on the other hand, extended to any use for the public utility or advantage (16 Gray fMass.] 417). The use may be by a private person for the public benefit (17 N. H. 57), and it is immaterial that such person may derive private profit therefrom (39 N. Y. 171). The establishment of public highways is an undisputed public use (103 Mass. 120), as is the establishment of a railway line (23 Wall. [U. S.] 108; 9 N. Y. 100), and its various facilities, as depots (111 Mass. 125), but spur tracks for private advantage have been held not to be (40 Ohio St. 504; 48 Fed. 615). Canals (39 N. Y. 171), public wharves (110 N. Y. 569), drains necessary to preserve the public health (72 N. Y. 1), irrigation (4 Colo. 100), public cemeteries (66 N. Y. 569), public grain elevators (68 N. Y. 208), have been held to be public purposes.

More Resources

• Access Points
• Thesaurus
• Index
• Historical Collections
• Glossary
• Notice

Access to the Encyclopedia is provided by alphabetical arrangement of entries, table of cases, table of laws, briefs and tables of contents.

Because some legal concepts are too complicated to compress to a single word or term, the legal thesaurus dictionary allows the reader to search for groups of terms, including synonyms, antonyms, expanded legal meanings and other terms the reader is likely to use. The resource includes lists, synonym rings , subject categories, taxonomies and a number of schemes.

The Index is a collection of entries to allow users to locate information in the Lawi Projects. After write down relevant words and phrases that you need, begin looking up the words and phrases using the index until you have located an applicable subject to review.

Indexes of All Encyclopedias:
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Z

This definition of Public Use Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Public Use

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled 583 PUBLIC USEThe “taking” clause of the Fifth Amendment limits the power of eminent domain by demanding that governmental taking of private property be for a public use. The Supreme Court held in Burlington Quincy Railroad Co. v. Chicago, (1897) that the same requirement applies to the states through
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

• Constitutional Law Outline
• Constitutional Law Outline (United States)
• Constitutional Lawyer
• Constitutional Law of India
• Constitutional Law Definition
• Constitutional Law Cases
• Constitutional Law Cases (United States)

public use Background