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

The difference between a public use and a public necessity lies in the legal definition of each in the state of Nebraska. Public use refers to a specific, concrete purpose for which the government takes private property, such as building a road, park, school, or other public facility. Public necessity, on the other hand, refers to a broader concept, like the government’s need to provide public services or certain kinds of infrastructure. Public use is strictly defined in Nebraska’s eminent domain laws, while public necessity is not. When private property is taken for public use, the government must make “just compensation” to the original owner, meaning that they must pay fair market value for the property. The compensation for public necessity is less straightforward, as the amount of compensation is subject to negotiation or court determination. When it comes to using eminent domain in Nebraska, governmental entities can only take private property for public use or public necessity. They must also demonstrate that the taking is necessary, and that there are no alternatives that would accomplish the same purpose. If the government wishes to seize private property for public use, it must offer “just compensation” for the land. However, if the taking is deemed to be a “public necessity”, the amount of compensation is more open to negotiation and/or court determination.

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

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