[Bruxley]

The key phrase in the Marsh opinion, and what may help clarify the distinguishment is "Since these facilities are built and operated primarily to benefit the public and since their operation is essentially a public function, it is subject to state regulation.

That goes for a privately owned stretch of highway, but not a privately owned farm. It goes for a privately owned 'company town' but not a grocery store. It goes for a campus, but not a Wal-Mart. Farms, grocery stores, and Wal-marts are not for general public use, they are specific uses. They are not operated to benefit the public, they are operated to sell wares or services. Highways, 'company towns', and Universities are built and operated to benefit the public and their operation is primarily a public function therefore property rights become circumscribed by the statutory and constitutional rights of those who use it.