public use
Defined in 5 dictionaries — Case Law, U.S. Code, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914)
Definitions from Case Law
From 327 U.S. 546 - United States Tennessee Valley Authority v. Welch Same · 1946Most cited · 445 citing opinions
it is the function of Congress to decide what type of taking is for a public use and that the agency authorized to do the taking may do so to the full extent of its statutory authority. When Congress has spoken on this subject its decision is entitled to deference until it is shown to involve an impossibility.
United States Code
41 U.S.C. § 10C — in this section (2 versions over time)
The terms “public use”, “public building”, and “public work” shall mean use by, public building of, and public work of, the United States, the District of Columbia, Puerto Rico, American Samoa, the Canal Zone, and the Virgin Islands.
41 U.S.C. § 8301 — in this chapter (2 versions over time)
The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
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.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
Under Eminent Domain. Implies the use of many, or by the public. It may be limited to the inhabitants of a small or restricted locality, but must be in common, and not for a particular individual. Lewis, Em. Dom. c. 7; Pocantico Water Works Co. v. Bird, 130 N. Y. 249, 29 N. E. 246; St. Helena Water Co. v. Forbes, 62 Cal. 182, 45 Am. Uep. 659. It arises when the sovereign power is essential to an enterprise, and is for that reason therein exercised; Bound iv. R. Co., 50 Fed. 312. See Eminent Domain.