What is a public necessity?

A public necessity is a legal term used to describe a situation where the government has a compelling public interest in using eminent domain to take private property for public use. In the state of New Jersey, public necessity is an element of the law of eminent domain that must be proven in order for the government to acquire private property by eminent domain. Public necessity is a broad concept, but it generally relates to the government’s need to build something for public use. In New Jersey, public projects, such as schools, roads, bridges, and parks, are considered necessary for the public good and, therefore, can be used as a basis for eminent domain. In addition, in some instances, if the government can show that the proposed taking of the private property is essential to the health, safety, and welfare of the public, then the government can take the property for a public purpose. In order for the government to prove public necessity in eminent domain cases in New Jersey, it must show that the public benefit of the project outweighs the private loss of the property owner, and that no other solution can satisfy the public benefit that the project will bring. If the government can prove these two elements, then it will likely have a valid claim of public necessity and can take the land for a public purpose.

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What is a public necessity?

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