Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Asymmetry Of State Sovereign Immunity, Richard H. Seamon
The Asymmetry Of State Sovereign Immunity, Richard H. Seamon
Washington Law Review
This Article discusses whether a State has sovereign immunity from claims for just compensation. The Article concludes that the States are indeed immune from just-compensation suits brought against them in federal court; States are not necessarily immune, however, from just-compensation suits brought against them in their own courts of general jurisdiction. Thus, the States' immunity in federal court is not symmetrical to the States' immunity in their own courts. This asymmetry, the Article explains, is the result of the Due Process Clause of the Fourteenth Amendment. The Due Process Clause obligates a State to provide a means of paying just …
Unopened Public Street Easements In Washington: Whose Right To Use That Land Is It, Anyway?, Alfred E. Donohue
Unopened Public Street Easements In Washington: Whose Right To Use That Land Is It, Anyway?, Alfred E. Donohue
Washington Law Review
This Comment argues that landowners whose property abuts unopened public street easements have a right to reasonable, non-interfering use of such easements until the city or county opens the street for its intended purpose. Unopened public street easements are dedicated streets that a city or county has not developed or used. Often, landowners use this land to store firewood, park boats, or garden. In 1995, the City of Seattle enacted Municipal Code section 15.02.100, which prohibits all use of unopened public street easements. Several Washington court decisions purportedly support the Seattle ordinance. These decisions suggest that abutting property owners have …