Public Use

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 f Mass.] 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.