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

Eminent Domain Law in Colorado is a set of laws that allow the government to acquire private property for public use or public necessity. Public use is when private land is taken by the government to use for projects that will directly benefit the public in some way. Examples include completing roadways, public utilities, public playgrounds, etc. Public necessity, on the other hand, is when the government takes land or rights from a private citizen if doing so is necessary for the public’s benefit. This could include situations where the land is needed to protect public safety, help the public in some way, reduce pollution, or complete a project necessary for public health. The biggest difference between public use and public necessity is that for public use, the government must show that the taking of the land has direct benefits for the public. On the other hand, for public necessity, the government must show that the taking of the land is necessary to achieve a public benefit but may not necessarily show that the taking of the land has direct benefits for the public. This is because the government can take land for public necessity even if the benefits aren’t direct or immediate.

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

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