What is a public purpose?
A public purpose is a goal or objective that generally benefits the public or society as a whole. It is the basis for the government to use its powers, including the power of eminent domain. In Nebraska, this power is authorized in the state Constitution and specified in statutes for the purpose of providing public roads, bridges, dams, and similar public works. Public services such as fire and police protection, water and sewer services, telecommunications, and other public utilities are also considered to be public purposes. In addition, the government can take property for economic development if it is necessary to secure job opportunities or other economic benefits to the public. For instance, a city might take property to construct a new highway to increase commerce through the area. Public purpose is a subjective concept, and each situation must be judged on a case-by-case basis. In Nebraska, the government must show that the public purpose is reasonable and necessary before it can exercise its power of eminent domain. This ensures that the government is not using its power to take private property for private gain.
Related FAQs
Are there any restrictions on the amount of compensation I can receive?Can private individuals use eminent domain?
What is the fair market value of my property?
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Are there any restrictions on the amount of time allotted for a taking?
Can I receive compensation for emotional distress?
What is the difference between just compensation and just compensation plus interest?
How can I challenge the public use of the property taken through eminent domain?
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