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

In Nebraska, the difference between a public purpose and a public use is important when considering the use of eminent domain. The two terms are essentially used interchangeably, and can refer to a broad array of public projects or services. Public purpose (also called public benefit) is any action taken by the government that serves the public’s interests. These could include building schools, roads, parks, bridges, and other necessary infrastructure. Nebraska’s eminent domain laws allow the government to acquire private property for a public purpose like these projects. Public use, on the other hand, is a broader term that covers any use of the property by the public. This could include activities like recreational areas, right-of-ways for buses and trains, or even public utilities. In Nebraska, the government is allowed to acquire private property for a public use, as long as it is reasonably necessary for the citizens. In most cases, the use of eminent domain is considered justified when the property is acquired for a public purpose or public use. It is important to note, however, that while the government can acquire property for both a public purpose and a public use, it must provide just compensation for the property taken.

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