Public Necessity

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.