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

In Texas, eminent domain law allows the state to take private property for public use and public interest. Generally, a “taking” is the legal term for when the government uses its power of eminent domain to take property for public use or public interest. Public use is when the government uses the property for a traditional public purpose, such as building a highway or a public school. An example of a taking for public use in Texas would be the taking of land along Interstate 10 in order to build a bridge. Public interest is a broader concept than public use that applies when the government uses the property for economic development purposes. This might include the taking of property to build a factory or a shopping center. In this case, the government has to demonstrate that the taking will benefit public welfare. In summary, the difference between a public use and a public interest is that a public use is when the government takes property for a traditional government purpose, such as building a public school, and a public interest is when the government takes property for the purpose of economic development. In order for a taking to be for public interest, the government must demonstrate that it will benefit public welfare in some way.

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

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