(University of Oregon School of Law, 2024-05-01) Asbridge, Jessica L.
This Article is the first to explore why private delegations of the eminent domain power have received such different treatment from other private delegations of legislative power and to critically analyze these delegations under the Supreme Court’s modern due process, separation-of-powers, and takings jurisprudence. It ultimately concludes that these delegations generally should be viewed as presumptively invalid absent meaningful government oversight over the exercise of the power.
