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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, …
In Re Puget Sound Power And Light Company: Eminent Domain By Corporations Reevaluated, Julie Anderson
In Re Puget Sound Power And Light Company: Eminent Domain By Corporations Reevaluated, Julie Anderson
Seattle University Law Review
This note examines In re Puget Sound Power and Light Company and the court’s holding that due process requires a private condemnor to prove public use and necessity by a preponderance of the evidence. The note recognizes that the court correctly shifted the burden of proof to the condemnor, but argues that the court could have grounded its decision in the Washington procedural statute governing corporate condemnation and avoided the constitutional question. The note advocates for courts interpreting the statute for corporations to require strict judicial supervision of the eminent domain actions of private entities.