We like seeing student-authored pieces in our areas of interest, especially those where the subject is eminent domain. Here’s another example to add to this note and this one.
In “Public Use on the Loose: Clarifying the Takings Clause’s Public Use Requirement,” author Megan Hoefs focuses on the pretext argument, arguing that the Public Use Clause imposes a good faith requirement. Here’s the 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.
Download the pdf here. Well worth reading. For an ongoing case putting the author’s theories into practice (one of ours), follow along here.