Public use
Public use is a legal requirement under the Fifth Amendment to [the United States Constitution#Eminent domain|Takings Clause] of the Fifth Amendment to [the United States Constitution|Fifth Amendment] of the U.S. Constitution, that owners of property seized by eminent domain for "public use" be paid "just compensation."
The distinction between public use and public purpose has created a doctrinally confusing and highly controversial subset of public use doctrine. This controversy was renewed after the Supreme Court's decision in Kelo v. [City of New London]. In that decision, the Court upheld the precedent regarding economic development takings set forth in Hawaii [Housing Authority v. Midkiff] and Berman v. Parker, and permitted, in a 5–4 decision, the taking of private property that was to be transferred to a private developer. In United States v. Gettysburg [Electric Ry. Co.],, the Supreme Court ruled in 1896 that seizing the railway for Gettysburg Battlefield historic preservation "seems" to be "a public use".
Takings that are not "for public use" are not directly covered by the doctrine, however such a taking will likely violate due process rights under the Fourteenth Amendment to the [United States Constitution|Fourteenth Amendment] or other applicable law.