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Public Use

63 published works

  1. inversecondemnation.com

    NJ: Just Because A Taking Must Have A Public Use And The Govt Should Have Let The Public Know, Doesn’t Mean The Condemnor Must Actually State The Public Use

    By Robert H. Thomas

    Here's one we've been meaning to post for a while. In Borough of Seaside Park v. Shree Jyoti, LLC, No. 089599 (N.J. Aug. 10, 2026), the New Jersey Supreme Court…

  2. inversecondemnation.com

    County Can Condemn Private “Inholding” Surrounded By Parkland, Even If The “Plan” Is Simply To Make The Park Whole

    By Robert H. Thomas

    The focus in the Kelo majority on Euclidean-style planning -- if a taking where a private party either ends up with the land or is benefited is part of some…

  3. California Eminent Domain Report

    What is a Proper Public Use Under Arizona Eminent Domain / Condemnation Law

    By William Bassoff

    Under Arizona’s Constitution, as under its federal counterpart, a condemning authority may acquire private property if the use to which the acquired property will be put is a proper public…

  4. California Eminent Domain Report

    Court Reverses Course, Finds Public Use for Skunk Train Expansion

    By Bernadette Duran-Brown

    Over the last several years, we’ve been following an eminent domain case playing out in Mendocino County related to the Skunk Train.  In 2023, the court concluded that the Skunk…

  5. Inverse Condemnation

    Tex App: No Plan, No Public Use, No Eminent Domain: ā€œI’m from the [Port], and I’m here [for a public use]ā€ Is Not Enough

    By noemailnoemail-org-robert-thomas-inversecondemn

    Be sure to check out the opinion of the Texas Court of Appeals (Fourteenth District) in Jones v. Port Freeport, No. 14-23-00948 (Sep. 18, 2025). This is a challenge to…

  6. inversecondemnation.com

    New Cert Petition: Do A-to-B Transfers By Eminent Domain Require More Than Aliens-Might-Be-Resposible Judicial Review (And Should Kelo Be Overruled)?

    By Robert H. Thomas

    Our colleagues at the Institute for Justice--the same firm that represented Susette Kelo in her oh-so-close run at clearing up the Public Use requirement in eminent domain, today filed this…

  7. inversecondemnation.com

    NJ App: “Public Use” Is What Condemnor Says It Is, Not What Use Actually Will Be Made

    By Robert H. Thomas

    We usually don't cover unpublished opinions, but the New Jersey Appellate Division's reasoning in Hudson County Improvement Authority v. Mariana Properties, Inc., No. A-2686-22 (Oct. 29, 2024) stuck in our…

  8. inversecondemnation.com

    New Cert Petition: Does A Taking For Public Use Become A Problem If The Govt Later Abandons That Use?

    By Robert H. Thomas

    Here's the latest in a case we've been following, which has now results in a cert petition from Michael Berger. This one involves some very intriguing questions about what limits…

  9. inversecondemnation.com

    Vermont: It Doesn’t Matter If Property Owner Realizes That Cashing A Check For Estimated Compensation Waives Public Use Challenge

    By Robert H. Thomas

    Under many (most?) state eminent domain schemes, if a property owner withdraws the condemnor's deposit prior to the judgment of condemnation, the owner waives -- or, more technically, forfeits --…

  10. inversecondemnation.com

    NY App Div: Yes, We Previously Said This Taking Wasn’t For A Public Use, But Now The Condemnor Has A Plan

    By Robert H. Thomas

    The New York Supreme Court Appellate Division's opinion in HBC Victor LLC v. Town of Victor, No. 23-01347 (Mar. 22, 2024) marks the second time the issue of whether the…