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Full-Text Articles in Property Law and Real Estate
Alderwood Associatesv. Washington Environmental Council: State Action And The Washington State Constitution, Suzanne Lee Elliott, Jane Elizabeth Pearson
Alderwood Associatesv. Washington Environmental Council: State Action And The Washington State Constitution, Suzanne Lee Elliott, Jane Elizabeth Pearson
Seattle University Law Review
In Alderwood Associates v. Washington Environmental Council, the Washington Supreme Court reversed a temporary restraining order forbidding the defendant's solicitation or demonstration on plaintiff's privately owned shopping mall. Although there was no majority opinion because the court split four-one-four, the result of the several opinions is that the Washington constitution now bars private as well as state action that interferes with the gathering of initiative signatures on certain private property. However, four justices also concluded that the free speech sections of the Washington constitution restricts private as well as state action. The Alderwood result is desirable, but could have …
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.