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

When talking about eminent domain law in Nebraska, the difference between public use and public welfare exceptions is important to understand. Public use, or “taking”, refers to the process of governments taking private property for a public purpose, such as building a road or constructing a public building. The state must prove that the taking serves a public purpose and is in the public interest. Examples of public use can be parks, public transportation, post offices, and schools. Public welfare exceptions are different in that they are used to take private property for more general public welfare reasons. These exceptions allow the state to take private property in order to enhance the quality of life, environment, and overall health and safety of a community. These public welfare exceptions often involve using private property for economic activities, such as establishing new industry or revitalizing an existing area. In Nebraska, an appraisal must be done and the appropriate compensation offered, before the state can take private property through eminent domain. Furthermore, the Supreme Court of Nebraska has held that the state must satisfy a three-part test in order to take property through a public welfare exception that includes demonstrating a public purpose, the necessity of the taking, and the public benefit of the taking. In short, when it comes to eminent domain law in Nebraska, public use involves taking private property for specific public purposes while public welfare exceptions involve taking private property for the general welfare of the community.

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

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