Public use is a legal requirement under the takings clause ("nor shall private property be taken for public use without just compensation") of the Fifth Amendment of the U.S. Constitution, that owners of property seized by eminent domain for the "public use" be paid "just compensation."
The distinction between public use and public purpose has created a controversial subset of public use doctrine. This controversy was renewed after the Supreme Court's decision in Kelo v. City of New London, in which the Court permitted, in a 5-4 decision, the taking of private property to sell to a private redevelopment firm. In United States v. Gettysburg Electric Ry. Co., 160 U.S. 668 (1896), the US Supreme Court ruled in 1896 that seizing the railway for Gettysburg Battlefield historic preservation "seems" to be "a public use".[1]
Takings that are not "for public use" are not directly covered by the doctrine,[2] however such a taking might violate due process rights under the Fourteenth amendment, or other applicable law.