Private Delegations and Eminent Domain

Loading...
Thumbnail Image

Date

2024-05-01

Authors

Asbridge, Jessica L.

Journal Title

Journal ISSN

Volume Title

Publisher

University of Oregon School of Law

Abstract

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.

Description

64 pages

Keywords

Eminent domain, Due process of the law, Legislative power

Citation

101 Or. L. Rev. 359