What is a public necessity?

Public necessity is a legal concept that is used in eminent domain law to determine if a government can take a citizen’s private property against their will for public use. According to Nebraska law, a public necessity is when the taking of property is required “for the purpose of public use or benefit, and for the public good and the public welfare”. State and local government agencies have the authority to take private property via eminent domain in order to build things like schools, roads, and public utility infrastructure. Public necessity is also used when the government needs to seize property for public safety, such as in the case of a natural disaster. In Nebraska, the courts often consider various factors when determining public necessity, such as the economic, social, and legal benefits of the proposed project. The court will also ask if there is an alternative plan that could be considered, if the public has been adequately notified of the proposed taking, and if a fair compensation has been offered to the property owner. In most cases, the court will ultimately find that the proposed taking meets the criteria for public necessity and will approve the taking of the private property.

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What is a public necessity?

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