What is a public necessity?

Public necessity is a legal term that is used in eminent domain law in Delaware. It is the justification used for allowing a government entity to take property from a private owner for a public purpose, such as for roads, bridges, or other projects that are meant to benefit the public at large. Essentially, public necessity means that the taking of the land is essential and absolutely necessary for the public good, and not merely beneficial or desirable. For example, if there is a road project that will open up access to a certain area, it may be considered a “public necessity” if it is absolutely necessary for the project to go ahead. The legal concept of public necessity is nuanced and can be difficult to determine. Courts consider a variety of factors, such as the necessity of the taking for the public’s interest, how much of the land is taken, and the impact of the taking on the private owner. Ultimately, the public necessity concept is an important part of Delaware’s eminent domain law and is used to ensure that the government is not taking more land than is necessary for the project at hand. It also serves to protect the rights of private owners, ensuring that the government is taking only what is absolutely necessary and not infringing on their rights as property owners.

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