Private Delegations and Eminent Domain
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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