What is the difference between a public purpose and a public use?
Eminent domain law is a set of laws that governs the power of the government to take private land for public use. Under New York law, the government can take private land for public purposes and public uses. The two terms are often confused, but there is a distinction between them. A public purpose is a broad concept. It includes projects, such as roads, schools, and public buildings, that are designed to benefit the entire community. Public purposes also include activities or initiatives, such as economic development projects, that have a positive impact on public welfare, safety, health, and morals. By contrast, public use is a narrower concept. It is limited to actual, physical occupation of the property. Examples of public use include projects such as public roads, highways, and airports. It also includes activities like parks, open spaces, public schools, and libraries. In summary, the difference between a public purpose and a public use is that a public purpose is a broad concept that includes activities and projects, while a public use is a more narrow concept limited to actual physical occupation of property.
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