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The Trend of Leading Case due to the Change of Public use in the U.S

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 39(), pp.391-410
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

이동찬 1

1군산대학교

Accredited

ABSTRACT

The Trend of leading case due to the change of public use in the U.S The fifth Amendment of U.S. Constitution ruled that the government can not take private property for public use without just compensation. This regulation means that when the government takes private property, it must take it only for the purpose of public use, and it has to make a just compensation for the private owner. The public use in this article is on the ground of the fifth amendment of U.S. Constitution. This is studied for the history, legal basis, the concept and the leading case of public use Especially, the concept of the public use is not clear, it has been changed over the years. The concept of the public use has been changed from the public ownership into the use by the public and the public purpose or benefit. According to the change of the concept about public use, the court ruled that the concept of public use with a narrow sense until the early 20th century, for example, the case of West River Bridge Co. v. Dix. However, after the middle 20th century, it ruled the concept of the public use with a broad sense like the case of Berman v. Parker. Recently the court ruled with a strict interpretation of public use in the case of the County of Wayne v. Hathcock, or the City of Norwood v. Horney. This judgement provides us with a lot of evidence for the consideration of higher profit for the landowners.

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