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

The primary difference between a public use and a public interest in North Carolina is that only the former is considered for a taking through the power of eminent domain. A public use, commonly referred to as a “public purpose,” is the legal term for a project that is undertaken by the government to serve all members of the public, such as roads, bridges, and public buildings. A public interest is more difficult to define, and it includes broader effects, such as economic development, government services, or job creation. In North Carolina, public uses are subject to a much higher standard of review than public interests, and they require a more significant showing of benefit to the public. In other words, it must be clearly demonstrated that the taking is necessary to carry out a specific government project. Public interests, on the other hand, do not require such stringent proof of public benefit and can include a variety of reasons ranging from economic to environmental. For example, if the state of North Carolina wanted to take private property to build a school or public park, the taking would likely be considered a public use. Alternatively, if the state wanted to take private property for a private development, such as a shopping center, it would likely be classified as a public interest. In either case, the government must demonstrate that the taking is necessary to achieve the desired goal and that the benefits to the public outweigh the costs.

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

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