What is the difference between a public use and economic development?
Eminent Domain law in Maryland provides the government with the authority to take private property for public use after providing the property owners with just compensation. The main difference between a public use and economic development is the purpose for taking the property. Public use is when the government takes property from a private owner for the purpose of constructing a public benefit such as a road or a public building. Economic development is when the government takes property for the purpose of generating economic growth in the locality. This could include taking property to create a new shopping center, factory, office building, or public works project. Public use requires the government to have a legitimate public interest in the taking, which means there is a direct benefit for the public from the taking. Economic development is more of an indirect benefit, as it is generally taken to stimulate the economy and bring economic growth in the area. The courts in Maryland place some restrictions on the government’s use of eminent domain for economic development purposes, and it must be demonstrated that the taking is for a legitimate public purpose and will result in a public benefit. Additionally, the taking must be necessary to achieve a legitimate public purpose, and the proposed plan must be the least intrusive way to accomplish the public purpose.
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