Law Commons^™

An Idea Whose Time Has Gone: How Amortization Is Unconstitutional Retroactive Legislation In Texas, William R. Maurer

Texas A&M Journal of Property Law

This Article discusses what amortization is, why municipal governments use it, and how the courts of Texas and other states have treated the practice. Next, this Article argues that, while Texas courts have routinely approved amortization, many exercises of the power are likely unconstitutional under Texas’s prohibition on retroactive civil legislation and that it violates due process. Lastly, this Article concludes with a call for Texas courts to reexamine the constitutionality of this oppressive practice and do away with it once and for all.