Abstract
The Takings Clause of the Fifth Amendment has long been controversial. It allows the government to take private property for the purpose of “public use.” But what does public use mean? The definition is one of judicial interpretation. It has evolved from the original meaning intended by the drafters of the Constitution. Now, the meaning is extremely broad. This Note argues that both the original and contemporary meaning of public use are problematic. It explores the issues with both definitions and suggests a new test, solidified in legislation instead of judicial interpretation.
Recommended Citation
Taylor Haines, “Public Use” or Public Abuse? A New Test for Public Use in Light of Kelo, 44 SEATTLE U. L. REV. 149 (2020).
Included in
Common Law Commons, Constitutional Law Commons, Courts Commons, Jurisprudence Commons, Land Use Law Commons, Law and Economics Commons, Legal Education Commons, Legal Ethics and Professional Responsibility Commons, Legal History Commons, Legal Profession Commons, Legal Remedies Commons, Legislation Commons, Property Law and Real Estate Commons, State and Local Government Law Commons
