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

The difference between public use and public benefit centers on the level of benefit to the public, rather than the use of property within Eminent Domain Law in South Carolina. Public Use is a piece of property that is used exclusively for the public good. This means it would be owned and operated by the government, and it would be available to the public in some capacity. Examples of this would be parks, government buildings, roads, highways, airports, and other public infrastructure. Public Benefit is a piece of property owned by the government that benefits the public in some way. This benefit can be derived from a private, non-governmental entity, provided they provide the same benefit, or even a greater benefit than the government owned property. Examples of this can be a property that is converted to a housing development, a business that provides a service to the public, or a public park with amenities like swimming pools or playgrounds. In South Carolina, when exercising Eminent Domain, the Government must demonstrate that the appropriation of the property is for a public use or public benefit. This means that it must show that the property is needed by the general public and that the benefit it provides is not limited to a small group of individuals. This is more profound than a mere financial benefit.

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

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