More Necessary Public Use Law and Legal Definition
More necessary public use is a comparative presented in certain eminent domain cases. When a land which has already been appropriated to a public use is sought to be condemned for a more necessary public use, the new use must be an absolute public necessity or for a greater public good.
Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use property appropriated to public use if the use for which the property is sought to be taken is a more necessary public use than the use to which the property is appropriated. [Pacific Power & Light Co. v. Surprise Valley Electrification Corp., 1993 U.S. App. LEXIS 1844 (9th Cir. Jan. 25, 1993)]
