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

The difference between a public purpose and a public use is the scope of the impact of the taking of private property. Public purpose is when the government takes private property for a higher goal or purpose, such as public health or safety. The taking of private property for a public purpose can impact multiple people or a whole community and such a taking must be justified in writing by the government. Public use, on the other hand, is when the government takes private property for specific government activity, such as a road or a school. The taking of private property for a public use is more limited in scope because it affects only a few individuals and is not necessarily considered beneficial for the entire community. In North Dakota, a public use is typically when the government takes private property to construct roads, buildings, and other public projects. Eminent domain law in North Dakota applies to both public purpose and public use for the taking of private property. However, the extent of the impact of the taking of that property and the reason for the taking of the private property are different. With public purpose, the taking of private property can be beneficial for the entire community, while with public use, the taking of private property is more direct and limited in scope.

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

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