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

Eminent Domain Law in Texas grants the government authority to take private property for public use. In Texas, there are two primary concepts used when deciding whether private property can be taken for public use - public use and public necessity. Public use is defined as taking property that will be used for government purposes or the benefit of the public. Examples include the construction of roads, parks, and public buildings, or the installation of public utilities. Public necessity is defined as taking property if the property is considered too dangerous or hazardous for public safety. Examples include taking property for the construction of schools, hospitals, or fire stations. When deciding whether to take property for public use or a public necessity, the Texas Supreme Court considers the degree to which the owner will be compensated and the public benefit that will be provided. The court must also consider whether there are public alternatives for the property and whether or not it is necessary for the public’s safety. In summary, public use is defined as the taking of property for government purposes or the benefit of the public, while public necessity is defined as the taking of property if the property is considered too dangerous or hazardous for public safety. In Texas, the court must consider these two concepts before deciding to take a property for public use or public necessity.

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

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