Question

"The idea of public use is also discussed thoroughly in Merriman’s 2012 article suggesting a statutory solution to the problem of eminent domain justice (Merriman 1335). Specifically, Merriman cites the opinion of the Supreme Court in an 1896 California case involving irrigation rights and eminent domain (Fallbrook Irrigation District v. Bradley). The Supreme Court explained that “it is not essential that the entire community, or even any considerable portion thereof, should directly enjoy or participate in an improvement in order to constitute a public use.” Merriman explains that, according to the Supreme Court, “the public purpose of facilitating the cultivation of millions of acres of arid property constituted a public use that satisfied the Constitution” (Merriman 1336)." Why this important?

Answer 1

"The idea of public use is also discussed thoroughly in Merriman’s 2012 article suggesting a statutory solution to the problem of eminent domain justice (Merriman 1335).

Specifically, Merriman cites the opinion of the Supreme Court in an 1896 California case involving irrigation rights and eminent domain (Fallbrook Irrigation District v. Bradley).

The Supreme Court explained that “it is not essential that the entire community, or even any considerable portion thereof, should directly enjoy or participate in an improvement in order to constitute a public use.”

Merriman explains that, according to the Supreme Court, “the public purpose of facilitating the cultivation of millions of acres of arid property constituted a public use that satisfied the Constitution” (Merriman 1336)." Why this important?

The Eminent Domain means the right of the Government to take private property and convert it into public use. The Fifth Amendment defines that the Government may only exercise this power if they provide just compensation to property owners.

As quoted in information from the passage:

The Supreme Court explained that “it is not essential that the entire community, or even any considerable portion thereof, should directly enjoy or participate in an improvement in order to constitute a public use.”

This defines the constitution of public use which is that:

• It is not essential that the entire community or event any considerable portion thereof should directly enjoy or participate in an improvement in order to constitute a public use.
• It explains that it is not mandatory that the beneficiary community or any portion of the beneficiary community may be actively involved or passively involved in the constitution of any thing of public use. Hence, public use may be created by any body either connected or not connected directly with the reaping the benefits of the facility and the involvement of the community or portion of the community may not be required to create such public use community.

Further, it is descried that:

Merriman explains that, according to the Supreme Court, “the public purpose of facilitating the cultivation of millions of acres of arid property constituted a public use that satisfied the Constitution” (Merriman 1336)." Why this important?

• “the public purpose of facilitating the cultivation of millions of acres of arid property constituted a public use that satisfied the Constitution” (Merriman 1336)."
• The norms laid down in the Constitution for creation of any public purpose of facilitating the cultivation is satisfied hence the facility created is to be treated as a public use.
• This is important as the creation of irrigation facilities is categorized as a facility created for public use and hence would be in the category of non profitable form of operation created by the public.

It will bear no tax burdens and will be liable to having a proper execution channel for the conduct of its day to day operations.