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

Public use and public purpose are related yet distinct concepts in Colorado eminent domain law. Public use is a term that denotes a particular type of taking of private property for a purpose that benefits the public. Some examples of public use include roads, railways, bridges, public utilities, and parks. On the other hand, public purpose involves a broader range of activities or projects that are intended to benefit the public, but which may not necessarily involve a taking of private property. For instance, a public purpose in Colorado can be housing and economic development, which may entail the state providing incentives to developers, rather than taking the land itself. Alternatively, the state may use eminent domain to acquire a piece of land, but the ultimate purpose of the acquisition may not be for public use. For example, the state might purchase the land from a private owner in order to rezone it for a new development, which is a public purpose, rather than a public use. The state of Colorado is expected to adhere to certain criteria when deciding whether a taking of private property is for public use or public purpose. These criteria include determining whether the taking is necessary, whether it is the least disruptive option available, and if the use of the land is in the public interest. In short, a public use involves a physical taking of property for a purpose that is intended to benefit the entire public, while a public purpose does not necessarily involve a taking, but must still be shown to be for the benefit of the public.

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

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