What is a public necessity?

Public necessity is a concept used in eminent domain law in Washington state. It is a legal principle that can allow the government to take private property for public use, even against the wishes of the property owner, as long as it can be proven that the taking is reasonably necessary for a public purpose. In Washington state, a taking is deemed to be for a public necessity when the taking is for a public purpose, or for the use or benefit of the public, and the public purpose is greater than the private purpose. In addition, the taking must be necessary for the public’s health, safety or welfare. Public purposes can include activities such as constructing roads, bridges, sewers or other public facilities or services. It may also allow for rezoning for public housing, parks or other recreational facilities, or in some cases, for environmental protection. The public necessity principle is based on the idea that the government has the right and responsibility to use private property for the greater public good. It is important to note however, that when the public necessity principle is used, the property owner usually can be compensated with fair-market value for the property. In fact, Washington Law even provides for more generous compensation in certain cases.

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What is a public necessity?

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