What is the difference between a public use and a public benefit?
The difference between a public use and a public benefit under Washington’s Eminent Domain Law is substantial. Public use describes the direct use of land by the government to provide services to the citizens of the state. Examples of public use include the construction of roads, highways, and bridges, as well as the erection of public buildings, such as hospitals, schools, and libraries. In contrast, a public benefit is a purpose which helps society as a whole, but does not involve the direct use of the land by the government. This can include the purchase of land to be used by third parties or the purchase of land to expand public works projects, such as water and sewerage systems. Moreover, a public benefit can also be something that serves the entire community, such as the removal of buildings that are a blight on the local area. At the end of the day, the government must prove that any land taken via the Eminent Domain Law must be done so in the interests of the public. Whether it is done to provide a direct public use, or a more indirect public benefit, the taking must benefit the public in some way.
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