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

Public use and public interest are two legal terms used in the context of eminent domain law in Florida. Public use is defined as the taking of private property for a purpose that physically and directly benefits the public at large. This includes public works such as roads, bridges, and public buildings. In Florida, the public use requirement is satisfied if a taking is for one of the following purposes: the construction of public roads, the draining of wetlands, the preservation of historical places, and the creation of public parks. Public interest, on the other hand, is defined as the taking of private property for a purpose that benefits the general public, but does not necessarily directly require physical possession of the property. This includes diverse activities such as economic development, revitalization of blighted areas, and the promotion of tourism. Public interest is subject to strict judicial scrutiny, as the court needs to determine if the taking is truly for the public benefit and is the least intrusive means available. While public use and public interest are used in the same context, they represent two distinct legal principles. Public use is considered to be a more serious taking of private property as it requires physical possession and directly benefits the public. Public interest, on the other hand, is less intrusive as it does not require physical possession of the property and does not directly benefit the public at large.

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

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