more necessary public use

more necessary public use
A comparative presented in certain eminent domain cases. Where land which has already been appropriated to a public use is sought to be condemned for "a more necessary public use," there are cases holding that the new use must be an absolute public necessity, but other cases hold that there may be a new taking if it be simply for a greater public good. Butte, Anaconda & Pacific Railway Co. v Montana Union Railway Co. 16 Mont 504, 41 P 232.

Ballentine's law dictionary. . 1998.

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