What is a public necessity?

Public necessity is an element of eminent domain law in South Carolina, and is defined as a realm of activities that must be undertaken for the public good. In other words, it is a governmental action or activity that is essential for the safety, welfare, and protection of the public as a whole. Examples of public necessity include infrastructure projects such as roads, bridges, and other public works; projects for the construction of dams and reservoirs; and projects for the construction of utilities like power lines. Further, public necessity may also include the purchase or acquisition of lands and buildings which are necessary to meet the public’s needs. In South Carolina, a court may find that a taking of property is for a public use or purpose only if it is necessary for the public necessity. If the court finds that the taking of the property is not for a valid public use or purpose, then it will deny the taking of the property and the government will not be able to use eminent domain to take the property. Ultimately, the concept of public necessity is one that comes into play when the government is looking to take private property. The court will decide if the taking of the property is necessary for the public good, or if it is an unnecessary taking. If it is found to be necessary, then the government may be allowed to take the property.

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What is a public necessity?

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