*Transfers to Sovereign (Eminent Domain)- Public Use Doctrine

Question 1

Public Use Doctrine

Answer 1

a) 5A: prop (not just real prop) can only be taken (w/ just comp) for public use

Question 2

Development of Public Use Doctrine

Answer 2

public use (transportation)’benefit to the public’ test (public purpose)broad legislative deference

b) bar gov from forcing indiv.s to bear burdens which, in all fairness and justice, should be borne by public as whole
c) Sovereign may not take prop of A for sole purpose of transferring it to another private party unless future “use by the public” is the purpose of the taking (Does this apply to “public purpose”?)

Question 3

Kelo:

Answer 3

ED taking as part of integrated economic revitalization w/in broad scope of public use (legitimate public purpose); that the area was depressed/blighted is large factor

(1) F: ED taking for business revitalization plan (giving most of private land to Pfizer)for transfer
(2) Dissent: public use = literal public use (not purpose); against traditional protection of private prop