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

The difference between a public use and a public interest relates to the application of eminent domain law in South Carolina. Public use refers to when the government or a private entity, with the permission of the government, uses the property for a purpose that is beneficial to the general public, such as for the construction of a prison or highway. Public interest, on the other hand, is an action taken to benefit society as a whole, not just a specific part of the population. Even if an action is for the greater good, it must be determined that the use of eminent domain, which entails taking away private property, is absolutely necessary. For example, if the government were to take away private property for the purpose of increasing economic development, it must be shown that the benefits would outweigh any potential losses. Generally, public use is considered to be more of an action taken for a greater public benefit, while public interest more narrowly focuses on the need for the action and the impact it would have on society as a whole.

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