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Public Use
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 "public use" be paid "just compensation." The distinction between ''public use'' and ''public purpose'' has created a doctrinally confusing and highly controversial subset of public use doctrine. This controversy was renewed after the Supreme Court's decision in ''Kelo v. City of New London'' (2005). In that decision, the Court upheld the precedent regarding economic development takings set forth in ''Hawaii Housing Authority v. Midkiff'' and '' Berman v. Parker'', and permitted, in a 5–4 decision, the taking of private property that was to be transferred to a private developer. In '' United States v. Gettysburg Electric Ry. Co.'', , the Supreme Court ruled in 1896 that seizing the railway for Gettysburg Battlefield historic preservation "s ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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Eminent Domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Kelo V
Kelo or KELO may refer to: * Kelo, a wood art from Finnish and Russian Lapland * Kélo, a city in Chad * ''Kelo v. City of New London'', a controversial U.S. Supreme Court decision regarding eminent domain * the ICAO code for Ely Municipal Airport * keloid * Kelo (J. J. Johnson song), a composition by jazz musician J. J. Johnson In broadcasting: * KELO (AM), a radio station (1320 AM) licensed to Sioux Falls, South Dakota, United States * KELO-FM, a radio station (92.5 FM) licensed to Sioux Falls, South Dakota, United States * KELO-TV KELO-TV (channel 11) is a television station in Sioux Falls, South Dakota, United States, affiliated with CBS and MyNetworkTV. The station is owned by Nexstar Media Group, and maintains studios on Phillips Avenue in downtown Sioux Falls; its tra ...
, a television station (channel 11 digital) licensed to Sioux Falls, South Dakota, United States {{disambiguation, callsign, airport ...
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Hawaii Housing Authority V
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only state geographically located within the tropics. Hawaii comprises nearly the entire Hawaiian archipelago, 137 volcanic islands spanning that are physiographically and ethnologically part of the Polynesian subregion of Oceania. The state's ocean coastline is consequently the fourth-longest in the U.S., at about . The eight main islands, from northwest to southeast, are Niihau, Kauai, Oahu, Molokai, Lānai, Kahoolawe, Maui, and Hawaii—the last of these, after which the state is named, is often called the "Big Island" or "Hawaii Island" to avoid confusion with the state or archipelago. The uninhabited Northwestern Hawaiian Islands make up most of the Papahānaumokuākea Marine National Monument, the United States' largest protected ...
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Berman V
Berman is a surname that may be derived from the German and Yiddish phrase ( ‘bear-man’)https://dbs.anumuseum.org.il/skn/en/c6/e250048/Family_Name/BERMAN or from the Dutch , meaning the same. Notable people with the surname include: * Abba Berman (1919–2005), Polish-Israeli Rosh Yeshiva * Adolf Berman (1906–1978), Polish-Israeli activist and politician * Ahmet Berman (1932–1980), Turkish football player *Alan Berman (born 1943), American psychologist, psychotherapist, and suicidologist * Alexander Johan Berman (1828–1886), Dutch minister and literary critic * (1964-2017), Russian manager, whose work is connected with the oil and gas industry * Amy Berman (born 1954), circuit judge * (born 1963), American composer, multimedia artist, and music educator * Antoine Berman (1942–1991), French translator and theorist of translation * Arthur L. Berman (1935–2020), American lawyer and former Illinois state Representative * Bart Berman (born 1938), Dutch-Israeli pianist * ...
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United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Gettysburg Battlefield
The Gettysburg Battlefield is the area of the July 1–3, 1863, military engagements of the Battle of Gettysburg within and around the borough of Gettysburg, Pennsylvania. Locations of military engagements extend from the site of the first shot & at Knoxlyn Ridge on the west of the borough, to East Cavalry Field on the east. A military engagement prior to the battle was conducted at the Gettysburg Railroad trestle over Rock Creek (Monocacy River tributary), Rock Creek, which was burned on June 27. Geography Within of the Mason-Dixon line, Maryland/Pennsylvania state line, the Gettysburg battlefield is situated in the Geology of Pennsylvania#Gettysburg-Newark Lowlands, Gettysburg-Newark Basin of the Pennsylvania Regions#Pennsylvania Piedmont, Pennsylvania Piedmont entirely within the Potomac River Watershed near the Marsh and Rock creeks' triple point with the Susquehanna River Watershed (near Oak Hill) occupying an area . Military engagements occurred within and around the ...
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Historic Preservation
Historic preservation (US), built heritage preservation or built heritage conservation (UK), is an endeavor that seeks to preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical significance. It is a philosophical concept that became popular in the twentieth century, which maintains that cities as products of centuries’ development should be obligated to protect their patrimonial legacy. The term refers specifically to the preservation of the built environment, and not to preservation of, for example, primeval forests or wilderness. Areas of professional, paid practice Paid work, performed by trained professionals, in historic preservation can be divided into the practice areas of regulatory compliance, architecture and construction, historic sites/museums, advocacy, and downtown revitalization/rejuvenation; each of these areas has a different set of expected skills, knowledge, and abilities. United States In the United States, about 70% o ...
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Due Process In The United States
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. The U.S. Supreme Court interprets these clauses broadly, concluding that they provide three protections: procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and as the vehicle for the incorporation of the Bill of Rights. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III of England, as follows: Drafting New York was the only state that ask ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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