Public Use

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Right of the public to use or to benefit from the use of property condemned by the government through the exercise of its power of eminent domain. One of the limitations upon the use of this power is that property so taken must be for a public use.

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The public’s right to use or to benefit from the use of property condemned by the government, which under the U.S. and state constitutions is a prerequisite to the government’s exercise of its power of eminent domain. Some jurisdictions define the term broadly to mean benefit or advantage, while other jurisdictions define it to mean only actual use by the public. 147 S.E. 2d 131. In its broader sense, “public use” could constitute anything that contributes to the general welfare and prosperity of the whole community. Most courts agree that exercising the power of eminent domain is permissible only where a public use exists and not where a mere public interest is found. 130 S.E. 764.
See also public purpose.

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