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

Eminent domain law in Virginia allows for the government to take private property for public use and public welfare. The distinction between public use and public welfare exceptions is that public use involves the taking of private land for some kind of public works, while public welfare exceptions are more broadly defined and allow for property to be taken for activities that are considered beneficial to the public. Public use typically involves the taking of private property for public construction projects, such as roads, buildings, and schools. These projects are meant to benefit the public by providing access to services or by improving the infrastructure of the community. With these types of public use projects, it is typically required that the landowner receive just compensation for the land taken. Public welfare exceptions, however, are more broad and allow for the taking of private property for activities that are deemed to benefit the public, such as economic development or environmental conservation. Under this exception, the government can take private land for any activities that are thought to benefit the public, regardless of whether they involve public construction projects. Just compensation is still typically required in these cases, however, the amount can be determined by the government. In summary, the difference between public use and public welfare exceptions is that public use requires the taking of private land for public construction projects, while public welfare exceptions are broader and allow for the taking of private land for activities that are deemed to benefit the public.

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

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