The 5th Amendment does not define ‘public use’. So how could the Justice Stephens change it?
Certainly taking from one private individual to give to another is not public use.
Read the opinion, because that’s what he does. Do you honestly think that the framers of the Constitution would be in favor of government at any level, taking somone’s property, albeit at “fair market value”, sell it to another private entity, so that they may develop it? Do you think that a “buyer” building private offices, private businesses, and private dwellings, defines “public use”? Allow me to point something out. When conservatives and liberals agree that something is wrong, it usually is.