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

The difference between a public use and a public necessity in Utah is that a public use is when the government takes property for a purpose that directly benefits the public as a whole, such as for a road or bridge. A public necessity is when the government takes property for a purpose that is necessary in order to prevent harm or on behalf of the public’s safety, such as to prevent a natural disaster from occurring. In Utah, the eminent domain law states that the government can only take private property for public use or public necessity. This is known as the power of eminent domain. This means that the government can take private property in order to use it for the public’s benefit or to protect the public from harm. When the government takes private property for public use, the owner of the property is typically compensated for the taking of the property. The amount of money paid to the property owner is based on the fair market value of the property. However, when the government takes private property for public necessity, the owner of the property may not be compensated for the taking of the property. This is because the taking of the property is determined to be in the public’s best interest. Ultimately, the difference between a public use and a public necessity in Utah is that a public use is when the government takes property for the benefit of the public as a whole, while a public necessity is when the government takes property to protect the public from danger or harm.

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

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