Public Necessity

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In emergency situations, public or private necessity can excuse interference with property rights.

  • Public necessity. “It’s better to save many lives or much property at the expense of a little property.”
    • Public necessity is when you reasonably use someone’s property to protect public interests.
      • Example. You borrow a truck without permission to cart the wounded to the hospital during a mass shooting.
    • Public necessity can even excuse damages from your use.