What is the difference between a public use and economic development?

Public use and economic development are two concepts related to eminent domain law in Nebraska. Generally speaking, public use is when the government takes land for publicly available infrastructure, or for the public’s use, such as roads, public parks, schools, and utility lines. Economic development is when the government takes land from a private owner in order to promote commercial development, industrial growth, or job creation. Public use projects are for the benefit of the public as a whole, while economic development projects are typically for the benefit of private individuals or organizations. For example, if the government was to purchase land for a new highway, that would be considered a public use. However, if the government was to purchase land and then develop it themselves or transfer it to a private developer, that would be considered economic development. Eminent domain law in Nebraska generally requires that the land must be taken for a legitimate public use and not solely for economic development in order for the government to be able to take it. The government must provide just compensation to the owner of the land for any land taken for public use or economic development. Additionally, Nebraska law forbids the taking of land for the sole purpose of generating revenue or transferring the property to private developers.

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