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The main factor in determining whether the public use requirement has been violated is whether the government program provides for the ownership of property taken from one private individual eventually to be transferred to another private individual.
In Chicago, Burlington, and Quincy Railroad Company v. Chicago, the court ruled that states may determine when a just compensation is essential.
In Lucas v. South Carolina Coastal Council, the Court ruled that the regulation in question was a taking.
In Barron v. Baltimore (1833), the Supreme Court ruled that the takings clause applies to the states as well as to the federal government.
In Penn Central Transportation Company v. City of New York, the city was required to provide Penn Central just compensation for its loss.
For the most part, the Rehnquist Court expanded the definition of takings so that almost any government regulation on property must provide compensation.
