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

In California, the differences between a public use and a public necessity when it comes to eminent domain law refers to when state and local governments can take private property for public use. Public use is when the government can take private property to create and/or maintain a public work or service, such as a bridge, road, school, or a library. Public necessity is when the government can take private property for a public work that is needed to protect the public health and safety. This could include taking land to build a dam to prevent flooding, or a power plant to maintain a reliable public power system, or a hospital to provide health care to the community. The main distinction between public use and public necessity is that with public use, the government can take private property to benefit the public, while with public necessity, the government can only take private property when it is absolutely needed to protect the public. In other words, public necessity requires that the taking of private land is necessary for the well-being of the public before it can be taken. Ultimately, both public use and public necessity empower the government to take private property for public use and to acquire the land for a price determined by the court. However, the government must provide just compensation to owners of the land taken and prove that the taking is in the best interest of the public or is necessary to protect the public health and safety.

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

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