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

The difference between a public use and a public necessity in Washington is that a public use is a use that would provide some public benefit, thus justifying the use of eminent domain. Examples of public uses include public roads, parks, public schools, and other infrastructure. A public necessity, on the other hand, is the situation where the government must take private property in order to prevent a greater harm from occurring. This can include cases where the government needs to build an airport, relocate a railroad, or otherwise improve public safety. Both public uses and public necessities are typically approved by the Washington state legislature and require the payment of fair compensation to the property owner by the government. There are also limits to the power of the state’s eminent domain law, such as that the taking must be for a public use or necessity, and that the government must provide just compensation to the property owner. Therefore, while both public uses and public necessities require the government to take private property, they differ in that public uses are for a benefit to the public, while public necessities are for preventing a larger harm or improving public safety.

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