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

The main difference between a public use and a public necessity is the amount of control the government has over the property. Public use refers to a situation where the government has a significant influence over the use of the property, such as a national park or a public housing estate. In cases like these, the government has the right to acquire the property and use it for a specific purpose. On the other hand, public necessity refers to cases where the government may not use the property itself, but can still exercise some control over it. This is done to ensure public safety or to further public interest. For example, in North Dakota, eminent domain law allows the government to acquire property to build roads or other infrastructure projects, or relocate people to a different area. The government cannot necessarily retain the property, but it will have control over its use and the people affected by it. In both cases, when the government exercises eminent domain it must compensate the property owners in order to make up for the taking of their property. This is typically done through a fair market value payment. Overall, while both public use and public necessity give the government the power to acquire property, the main difference between the two is the amount of control the government has over the property and the people affected.

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

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