When the government takes private property under eminent domain, it must do so for “public use.” But what does that really mean? The answer has changed over time and depends on how courts interpret the law.
Traditional meanings of public use
Traditionally, public use meant projects directly used by the public. Think highways, public schools, and government buildings. These are facilities that benefit the public and are open to everyone. In those cases, the use is easy to see and understand.
Modern interpretations of public use
In recent years, courts have expanded what counts as public use. If a project provides economic growth, more jobs, or higher tax revenue, it might qualify—even if the public doesn’t use the property directly. For example, building a shopping center or business park might fall into this category of eminent domain.
Some people find this confusing or even unfair. Why should private property go to a developer just because the city believes it helps the economy? Courts often side with government agencies if they show the project will serve the public good in some way.
Examples of acceptable public use
A city building a new school qualifies. So does a transit system expansion, new public utilities, or a flood control project. In these cases, the public clearly benefits. But even private development might qualify if it fits within a broader plan to boost the local area.
How courts decide these cases
Judges look at the facts of each case. If the government can show a clear purpose that benefits the public—like reducing crime, creating jobs, or improving infrastructure—it may meet the standard. But courts also watch for abuse and may step in if the taking seems unreasonable.
Laws around public use continue to evolve. Property owners should understand how courts define it, because it affects what the government can and cannot do.