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Constitutional Limitations On Governmental Participation In Downtown Development Projects, David M. Lawrence
Constitutional Limitations On Governmental Participation In Downtown Development Projects, David M. Lawrence
Vanderbilt Law Review
The purpose of this Article is to investigate the constitutional boundaries that surround the most common forms of governmental participation. Part II of the Article discusses the constitutional limitations on property transactions in which the government either uses its power of eminent domain to condemn land for private downtown development, acquires land for the same purpose through a voluntary sale by the owner of the land, or subsidizes private development by its method of conveying property to the developer. Part III of the Article then discusses the problems that arise when a downtown project includes both public and private facilities, …
Due-On-Sale Clauses: Separating Social Interests From Individual Interests, Joseph Gibson, Iii
Due-On-Sale Clauses: Separating Social Interests From Individual Interests, Joseph Gibson, Iii
Vanderbilt Law Review
This Note suggests that courts have failed to articulate properly the relation of the due-on-sale clause to the legal doctrines under which it has been challenged. In particular, courts that have considered the clauses to be restraints on alienation have concentrated on the impact of enforcement or nonenforcement on the borrower, and have ignored almost completely the social interest in the free transferability of land, which has been the traditional rationale for the rule against restraints. Likewise, courts that have considered due-on-sale clauses under equitable principles frequently have failed to articulate whether the inequity arises from an attempt by one …