What is the difference between a public use and a public interest?
Eminent domain law in Washington defines the distinction between a public use and a public interest. Public uses involve taking private property to serve a general public purpose like building a school or a highway. Public interests involve taking private property to benefit the citizens of a state in some way, such as improving the environment or providing a new public service. Public uses are generally easier to justify than public interests since public uses are for general public benefits, rather than for the benefit of a particular group of people. When a state takes property for a public use, it is often necessary to provide compensation to the property owner. However, in Washington, when a state takes property for a public interest, it can do so without providing any compensation. The distinction between a public use and a public interest is important for understanding the limits of eminent domain in Washington. Generally, the state may not take private property through eminent domain unless it is for a public use or public interest. Therefore, it is essential to understand the difference between the two concepts and how they apply in Washington.
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