public use requirement (Minnesota) · Go Syfert
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public use requirement in Minnesota

5 Minnesota opinions name it 2 courts 1949–2017 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Christianson v. Henkegreen
minn · 2013 · cited in 1 Minnesota opinions naming this issue, 2017–2017
1 sentence

2017See Christianson, 831 N.W.2d at 537 (noting that when statutory terms are ambiguous, court may examine legislature’s purpose).We disagree.

11
Brown v. Wilsongreen
neb · 1997 · cited in 1 Minnesota opinions naming this issue, 2017–2017
2 sentences

2017For example, Nebraska slightly narrows the public-use requirement under its reading of the statute, the Nebraska Supreme Court has stated that, in a situation not unlike this one, “the Legislature ... did not intend that a child invited to her friend’s home constitutes a member of the ‘public.’ ” Brown v. Wilson, 252 Neb. 782 , 567 N.W.2d 124, 128 (1997).

2017For example, Nebraska slightly narrows the public-use requirement under its reading of the statute, the Nebraska Supreme Court has stated that, in a situation not unlike this one, “the Legislature ... did not intend that a child invited to her friend’s home constitutes a member of the ‘public.’ ” Brown v. Wilson, 252 Neb. 782 , 567 N.W.2d 124, 128 (1997).

11
City of Minneapolis v. Wurtelegreen
minn · 1980 · cited in 1 Minnesota opinions naming this issue, 1987–1987
1 sentence

1987See City of Duluth v. State, 390 N.W.2d at 763 ; City of Minneapolis v. Wurtele, 291 N.W.2d 386, 390 (Minn.1980).

11
City of Duluth v. Stategreen
minn · 1986 · cited in 1 Minnesota opinions naming this issue, 1987–1987
1 sentence

1987See City of Duluth v. State, 390 N.W.2d at 763 ; City of Minneapolis v. Wurtele, 291 N.W.2d 386, 390 (Minn.1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Kelo v. City of New London green
scotus · 2005
2 sentences

2007And in Kelo v. City of New London, the Court held that a city may act as a conduit to transfer property from one private entity to another and that the economic rejuvenation caused by such redevelopment “serves a public purpose” and therefore “satisf[ies] the public use requirement of the Fifth Amendment.” 545 U.S. 469, 484 , 125 S.Ct. 2655, 2665 , 162 L.Ed.2d 439 (2005).

2007And in Kelo v. City of New London, the Court held that a city may act as a conduit to transfer property from one private entity to another and that the economic rejuvenation caused by such redevelopment “serves a public purpose” and therefore “satisf[ies] the public use requirement of the Fifth Amendment.” 545 U.S. 469, 484 , 125 S.Ct. 2655, 2665 , 162 L.Ed.2d 439 (2005).

12007–2007
Hawaii Housing Authority v. Midkiff green
scotus · 1984
2 sentences

1986It provides: “Private property shall not be taken, destroyed or damaged for public use without just compensation therefor, first paid or secured.” In Hawaii Housing Authority v. Midkiff 467 U.S. 229 , 104 S.Ct. 2321 , 81 L.Ed.2d 186 (1984), the United States Supreme Court held that the public use requirement of the Fifth Amendment is “coterminous with the scope of a sovereign’s police powers.” 467 U.S. at 240 , 104 S.Ct. at 2329 .

1986It provides: “Private property shall not be taken, destroyed or damaged for public use without just compensation therefor, first paid or secured.” In Hawaii Housing Authority v. Midkiff 467 U.S. 229 , 104 S.Ct. 2321 , 81 L.Ed.2d 186 (1984), the United States Supreme Court held that the public use requirement of the Fifth Amendment is “coterminous with the scope of a sovereign’s police powers.” 467 U.S. at 240 , 104 S.Ct. at 2329 .

11986–1986
Bailey v. Kelly neutral
kan · 1915
2 sentences

1949Bailey v. Kelly, 93 Kan. 723 , 145 P. 556 , L.

1949Bailey v. Kelly, 93 Kan. 723 , 145 P. 556 , L.

11949–1949

Statutes the citing opinions construe

MN § Minn. Stat. § 117.042 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 31 (1922–2026) NY 17 (1991–2024) CT 12 (1990–2010) NJ 11 (1965–2025) IL 10 (2002–2018) PA 9 (1993–2023) IA 8 (2015–2023) MA 7 (2005–2024) HI 7 (1952–2010) CO 6 (2004–2019) VT 6 (2013–2017) CA 6 (1941–2021) MN 5 (1949–2017) OH 5 (2003–2023) IN 5 (1934–2004) WA 5 (2000–2018) FL 4 (1975–2001) ME 4 (1983–2024) MD 4 (2006–2009) NC 4 (2003–2015) WV 3 (1923–2016) MO 3 (1988–2015) LA 3 (1966–2001) RI 2 (2006–2006) AZ 2 (1963–2018) DE 2 (1975–1987) UT 2 (2013–2014) VA 2 (1986–2006) MI 2 (2002–2015) KY 2 (2001–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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