First Page
729
Last Page
758
Document Type
Comment
Abstract
The Fifth Amendment permits the taking of private property for “public use,” but modern courts refuse to question legislative determinations of that use. Although the Supreme Court has implicitly reserved a prohibition on takings done under a “mere pretext of public purpose,” lower courts are unsure of how to identify or evaluate such pretext. This Comment argues that the Public Use Clause requires a showing of good faith to be constitutionally sufficient. By reframing public use around good faith, this Comment offers a modest but necessary clarification that preserves the structure of existing doctrine while restoring the Clause’s function as a meaningful constitutional constraint.
Recommended Citation
Megan Hoefs,
Public Use on the Loose: Clarifying the Takings Clause’s Public Use Requirement,
53 Pepp. L. Rev.
729
(2026)
Available at:
https://digitalcommons.pepperdine.edu/plr/vol53/iss4/4
Included in
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