Necessity is a privilege that allows for trespass or destruction of property to preserve a greater interest.
There is public necessity and private necessity.
Public necessity is a privilege that allows for trespass or destruction of property to avert an apparent public disaster.
Public necessity requires an imminent danger and a real public necessity.
Plaintiff cannot recover if there was a public necessity unless the tort constituted a taking.
Private necessity allows for the destruction of another's property to preserve one's own property.
Private necessity allows for recovery of actual damages, but not for trespass.