A state statue which allows one private owner to condemn her neighbor’s property for a private road surely violates the Public Use Clause, you say? Not so quick.
However, in In re Opening a Private Road for the Benefit of O’Reilly, No. 10 WAP 2009 (Sep. 30, 2010), the Pennsylvania Supreme Court (Western Division) concluded that Pennsylvania’s Private Road Act, which allows might violate the Public Use Clause of the