What is a public purpose?

Public purpose is the legal basis for the use of eminent domain law in New Jersey. Public purpose is defined as the taking of private property for public use, which must be a valid public purpose. Public purposes can include but are not limited to: the building of roads, educational facilities, public buildings, public parks, and public utilities. In the eyes of the law, public purpose must serve the interests of the general public. The New Jersey Supreme Court has stated that the public should benefit in some manner from the taking of private property, or the taking must be in the public interest to be regarded as valid. The New Jersey Eminent Domain Law of 1945 states that before a municipality can take property, it must first show that the taking is for the public benefit. An example of this would be the construction of a road connecting two neighborhoods, or the use of land for a public park. Public purpose is a complex issue and is sometimes at the heart of disputes between private property owners, government entities, and members of the public. When deciding whether a particular use of eminent domain law is valid, it is best to research the applicable laws and seek the advice of an experienced attorney.

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What is a public purpose?

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