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

The difference between a ‘public use’ and a ‘public interest’ in eminent domain law in New York is that a public use refers to a government taking of property that involves something that will be accessible to the general public, such as a road or public utility. Whereas, a public interest refers to a government taking of property that is intended to benefit the public, such as creating new employment opportunities or improving the environment. An example of public use is when the government takes a piece of private property to build a road that is open to the public. The road would not only provide transportation to the public, but it could also help improve the economy in the area. An example of a public interest is when the government takes a piece of private property to build a factory that will create employment opportunities and provide economic stimulation to the local area. Even though the factory may not be open for the public to use, the benefit to the public is still considered a public interest. Eminent domain law in New York is very complicated and the difference between a public use and a public interest should be considered carefully. In certain cases, a court may determine that the taking of private property for a public use may also be considered as a public interest, but it can be difficult to prove. Therefore, it’s important to understand the difference between public use and public interest and to seek legal advice if necessary.

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