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

The difference between a public purpose and a public use is an important part of eminent domain law in North Carolina. Generally, public purpose refers to a project or activity undertaken by the government that is for a public benefit. This could include building or improving a public highway, creating parks, and constructing schools. On the other hand, public use generally refers to the actual usage of the project or activity by the public. This could include things like using a public park or road, or using public schools, libraries, and other public facilities. In the context of eminent domain law, public purpose and public use are used to determine whether the government has the right to take private property for their own use. In order for the government to take private property, they must prove that the project or activity they are undertaking is for a public benefit, which falls under the definition of public purpose. In addition, the government must also prove that the project or activity will be used by the public, which falls under the definition of public use. Therefore, the difference between a public purpose and a public use remains an important distinction for eminent domain law in North Carolina. While public purpose describes the purpose of the project or activity, public use describes how the public will actually use the project or activity. Together, these two factors are used to determine whether the government has the right to take private property for public use.

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