public necessity and convenience


public necessity and convenience
Need for the services of a carrier to operate upon the highway sufficient to justify the public authority in granting franchise, license, or permission for operation. 13 Am J2d Car § 82. Ground for the improvement of a highway, existing in use by the public rather than for the benefit of one or a few individuals. 25 Am J1st High § 60. The convenience of the public prompting state or municipality in authorizing special, permissive, or incidental use of a highway, always in subordination to the use of the way for travel and transportation. 25 Am J1st High §§ 168 et seq. The public necessity, which is a statutory condition precedent in many states to the granting of a franchise to a public service corporation, does not mean indispensable to the public. An urgency less pressing will suffice. The expression means a public need without which the public is inconvenienced to the extent of being handicapped in the pursuit of business or wholesome pleasure, or both-without which people generally of the community are denied, to their detriment, that which is enjoyed by other people generally, similarly situated. Chicago, Rock Island & Pacific Railway Co. v State, 126 Okla 48, 258 P 874. See certificate of public necessity and convenience.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • necessity — A compulsion of natural forces or the forces of man. Less pompously, a toilet or water closet. Something necessary. See necessaries; public necessity; public necessity and convenience; way of necessity; work of necessity …   Ballentine's law dictionary

  • public convenience — That which is fitted or suited to the public need. Milwaukee Co. of Jehovah s Witnesses v Mullen, 214 Or 281, 330 P2d 5, 74 ALR2d 347, app dismd and cert den 359 US 436, 3 L Ed 2d 932, 79 S Ct 940 (zoning ordinance.) See public necessity and… …   Ballentine's law dictionary

  • public — pub·lic 1 adj 1 a: exposed to general view public indecency b: known or recognized by many or most people 2 a: of, relating to, or affecting all of the people or the whole area of a nation or state public statutes b: of or relating to a go …   Law dictionary

  • necessity — Controlling force; irresistible compulsion; a power or impulse so great that it admits no choice of conduct. That which makes the contrary of a thing impossible. The quality or state of being necessary, in its primary sense signifying that which… …   Black's law dictionary

  • necessity — Controlling force; irresistible compulsion; a power or impulse so great that it admits no choice of conduct. That which makes the contrary of a thing impossible. The quality or state of being necessary, in its primary sense signifying that which… …   Black's law dictionary

  • public convenience and necessity — The common criterion used in public utility matters when a board or agency is faced with a petition for action at the request of the utility. In a statute requiring the issuance of a certificate of public convenience and necessity by the Public… …   Black's law dictionary

  • public service — A term applied to the objects and enterprises of certain kinds of corporations, which specially serve the needs of the general public or conduce to the comfort and convenience of an entire community, such as railroad, gas, water, and electric… …   Black's law dictionary

  • public works — Works, whether of construction or adaptation, undertaken and carried out by the national, state, or municipal authorities, and designed to subserve some purpose of public necessity, use, or convenience; such as public buildings, roads, aqueducts …   Black's law dictionary

  • Public information film — Public Information Films (known as PIFs) are a series of government commissioned short films, shown during television advertising breaks in the UK. The US equivalent is the Public Service Announcement (PSAs). ubjectsThe films advised the public… …   Wikipedia

  • Public service company — A public service company (or public utility company) is a corporation or other non governmental business entity (i.e. limited partnership) which delivers public services certain services considered essential to the public interest. The ranks of… …   Wikipedia