What is the difference between a public purpose and a public use?
In Washington, eminent domain law determines how the government can use its power to acquire private land for public use. This land acquisition is only permissible if the government can prove that it is for a public purpose or public use. Knowing the difference between the two is important in determining whether a potential project falls under eminent domain law. A public purpose is a general use of land that is beneficial to society as a whole, such as the building of public parks, schools, or roads. Public purposes are generally broader and do not require the direct use of the land. For example, if the government establishes a public park, it does not need to use the land itself but rather serves the public by providing a public space. On the other hand, public use is a more specific and direct use of the land. For example, if the government needs to build a road, they must use the land directly to construct the road. Similarly, if the government needs to build public housing, they must use the land to house people directly. In Washington, for a government project to meet the criteria for eminent domain, it must be for a public purpose or public use. Therefore, it is important to differentiate between the two. A public purpose is a more general use of land, such as constructing public parks, schools, or roads, while a public use is a more direct use of land, such as building public housing or constructing a road.
Related FAQs
What is the difference between just compensation and fair market value?What is the difference between a public use and a public necessity?
Can I prevent my property from being taken?
What is the difference between a public purpose and a public use?
What is the difference between eminent domain and zoning?
What is the timeline for payment of compensation for a taking?
Can I receive payment for relocation costs?
What is a taking without compensation?
What is the difference between the amount of compensation I am entitled to receive and the actual amount I receive?
Does eminent domain apply to all types of property?
Related Blog Posts
What is Eminent Domain Law and How Does it Impact Property Owners? - July 31, 2023Understanding the Eminent Domain Process: A Step-by-Step Guide - August 7, 2023
Defending Your Rights as a Property Owner in Eminent Domain Cases - August 14, 2023
The Valuation Process in Eminent Domain Proceedings - August 21, 2023
The Controversy Surrounding Eminent Domain Law - August 28, 2023