What is a public necessity?

Public necessity is a legal concept used in the law of eminent domain. In Indiana, it is used to determine when the government can take private property for public use. Generally, public necessity is when the governmental action is necessary for the benefit of the public. For example, the government may condemn private property to construct a bridge or a highway. The government must prove that the action is necessary for public use in order to condemn the property. In Indiana, the government must provide “fair market value” for the property in order to take it. The term “fair market value” means the amount of money that would be offered by a willing buyer to a willing seller for the property. This amount is usually the same amount of money that the property owner was offered before the taking occurred. In addition, the government needs to demonstrate that the taking of private property for public use is in the public’s best interest. The government must show that the public will gain more from the taking than what is being taken away from the property owners. This usually means that the public will benefit from the proposed project in some tangible way. In sum, public necessity is a legal concept used in eminent domain law that requires the government to prove that an action is necessary for public use and will benefit the public at large. The government must also pay fair market value for the property taken and demonstrate that the overall benefit outweighs the cost to the property owners.

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What is a public necessity?

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