What is the difference between a public use and a public benefit?

The difference between a public use and a public benefit when it comes to Eminent Domain Law in Alaska can be found in the intent of the proposed action. A public use is an action taken to benefit the public at large of the State of Alaska. Examples of public use would be the building of a road, bridge, or school for the general public to use. The benefit of public use in Alaska is that the construction of these projects improves the quality of life of the citizens living in the state. A public benefit, on the other hand, is a proposed action taken to benefit a private entity or individual, instead of the general public. These actions can include purchases of land to develop a parking lot or commercial development. The benefit of public benefit is that it produces a private economic benefit for the individual or entity who initiated the project. In Alaska, eminent domain laws allow both public uses and public benefits to be taken via eminent domain. However, public benefits must be found to be in the overall public interest of Alaska. This means that a public benefit must be determined to be beneficial for the citizens of Alaska, and it must be found to be a necessary action in order to create the private economic benefit for the individual or entity proposing the project.

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