What is a public necessity?

Public necessity is a legal concept which refers to a situation where the government believes it is necessary to take away private property in order to benefit the public good. In the state of Texas, the power of eminent domain is granted to the government, which allows it to take away an individual’s property for a public use, such as to build a road or to build a school. In order for the government to exercise eminent domain, it must demonstrate that the taking of the property is for a public necessity, or to “effect a public purpose”. A public necessity in Texas means that there is a need for the government to take the property that greatly outweighs the private loss or any other factors that may be involved. If a court finds the taking to be necessary to further a public project then the government may proceed with the acquisition of the property. The property owner must be compensated for any economic loss, such as the value of the land or the potential profits to be gained from the property. Ultimately, a court decision determines whether a public necessity exists and if so, the government may take the property in question.

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What is a public necessity?

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