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

The terms “public use” and “public necessity” are important components of eminent domain law in Virginia. While they are related, they are distinct concepts with important legal differences. Public use, also referred to as public purpose, is a condition in which the state or government uses eminent domain to take property for a purpose that benefits the community as a whole. In Virginia, this may include taking land to build highways, public parks, and other public works projects. Public necessity goes beyond public use in that it refers to taking land when it’s necessary to alleviate a specific harm or danger to the community. In Virginia, this could include taking land to build levees, to evacuate communities when they’re threatened by natural disasters, or to build clean-up projects in areas that are adversely affected by environmental pollution. In both cases, the government must pay just compensation (fair market value) for the property. Both public use and public necessity are necessary components of Virginia’s eminent domain law, which allows the state to take land for the betterment of the public.

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

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