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

The main difference between a public use and a public necessity in North Carolina, when it comes to eminent domain law, is the basis for the taking of private property. A public use is a physical taking of private property that will benefit the public by providing a public facility or service, such as a highway, public park, or school. A public necessity, on the other hand, is the taking of private property for a public purpose that cannot be achieved any other way. Examples of this include clearing a path for a new power line or railroad or constructing a new reservoir to provide water to a community. In North Carolina, the state must show that the taking of property is necessary for a public use, meaning that it is absolutely the only way to achieve the public purpose and that the property is needed for the public good. On the other hand, for a public necessity, the state must show that the taking of private property is necessary for the public benefit. This means the state must show there is not a more reasonable or less intrusive alternative available that could provide the same public benefit. In conclusion, the primary difference between a public use and a public necessity in North Carolina relates to the basis for the taking of private property and the burden of proof to show necessity. A public use is generally a physical taking of property for a public facility or service, while a public necessity involves the taking of private property to achieve a public purpose that can’t be achieved any other way.

Related FAQs

What is the difference between a condemnee and a condemnor?
What is a taking?
Can I receive payment for relocation costs?
What is the difference between a public purpose and a public use?
What is the difference between market value and fair market value?
How can I challenge the amount of compensation I am offered?
Can I receive compensation for emotional distress?
What is the difference between a public use and a public welfare exception?
What is the process for determining the public use of my property?
What is the purpose of eminent domain?

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

Related FAQs

Related Blog Posts