What is the difference between a public use and a public welfare exception?

Eminent Domain Law in California is a legal concept that allows the government to take private property for public use. This is done for the purpose of, for example, building roads, public parks and other public works. However, it is only permissible if the taking is for a public use or a public welfare exception. The difference between a public use and a public welfare exception is that a public use is an activity that benefits the public directly, such as a roadway or public park. A public welfare exception is an activity that does not necessarily benefit the public directly, but may still be necessary for the public good. Examples include land acquisition for economic development, building of hospitals, universities and other public institutions, or projects designed to promote the public health and safety. In the state of California, the government must demonstrate that the taking is necessary and that it will serve a public purpose. That purpose must be by no means unreasonable, and the government must be able to provide evidence that the private property is necessary for the public purpose in question. The court must also find that the public use or public welfare exception is the only option available, as well as that the government will pay the owner of the property just compensation for their loss.

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What is the difference between a public use and a public welfare exception?

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