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

Eminent Domain Law in California concerns the taking of private property by a government for public use. The state has certain requirements and restrictions when it comes to the taking of private property. One of the most important distinctions is the difference between a public use and a public interest. A public use is when a government takes private property for its own use and benefit. This could be for building roads, public parks, or public buildings. In these situations, the public use must be for a government purpose and not for the benefit of any private individual or entity. A public interest, on the other hand, is when the government takes private property for non-government purposes but uses it for the public benefit. Examples of this would be the taking of private property to create a planned development, or to provide affordable housing. In these cases, the court must determine that the public interest outweighs any private interests. In California, any property taken under eminent domain law must be for a public use or public interest. These two terms, while related, have important distinctions that must be taken into consideration when deciding if a particular taking is justified.

Related FAQs

What are the consequences of an uncompensated taking?
How are relocation costs determined?
What is the difference between the amount of compensation I am entitled to receive and the actual amount I receive?
What is the difference between a public use and a public benefit?
Can my property be taken if I do not receive fair compensation?
Are there any restrictions on the type of property subject to eminent domain?
What is the difference between a public purpose and a public use?
Can the government take my property for private use?
What is the fair market value of my property?
What is a public purpose?

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

Related FAQs

Related Blog Posts