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Quote by: tivodan1116  National parks = public use (even in the strictest sense of the definition and the mission of our national parks, they are "public" places for the use of all Americans) |
Yes, but that portion of the fifth amendment doesn't give the federal government the authority to take land that belongs to the states and declare it federal land. Except for what was specifically set forth in the Constitution (e.g. land for a federal capital) there is no such thing in the Constitution as federal land except as follows from Article I, Section 8:
"To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings."
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The government has the power to condemn property and take it for public use so long as just compensation is given. 5th Amendment.
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Where does the amendment say the government has the right to condemn property?