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

Eminent Domain Law in New York deals with the taking of private land by the government for a public purpose or public use. The difference between a public purpose and a public use lies in the purpose of the taking and how it will be used. Public purpose is an expansive term that could include anything from building a hospital or a school to expanding a road or constructing a park. These projects are done for the benefit of the public, but they do not necessarily lead to the direct consumer use of the land. Public use, on the other hand, implies that the taken property will be used directly by the public or the government. Common examples of public use include the building of highways, airports, railways, as well as the development of parks, playgrounds, and even public housing projects. When determining if a taking is necessary, the government will consider the relative benefits for the public purpose or public use before the land is taken. For example, if the goal is to construct a new highway, the court will determine if the taking is necessary for it to be completed. In addition, any taking must be reasonable in relation to its use. Overall, the distinction between public purpose and public use is important for determining when and how the government can exercise the power of eminent domain, as to ensure that the taking of private land is done reasonably and 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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