David Reiss on Eminent Domain and Underwater Loans

David J. Reiss of Brooklyn has written Comment on the Use of Eminent Domain to Restructure Performing Loans.  Here is the abstract:

There has been a lot of fear-mongering by financial industry trade groups over the widespread use of eminent domain to restructure residential mortgages. While there may be legitimate business reasons to oppose its use, its inconsistency with Takings jurisprudence should not be one of them. To date, the federal government’s responses to the current crisis in the housing markets have been at cross purposes, half-hearted and self-defeating. So it is not surprising that local governments are attempting to fashion solutions to the problem with the tools at their disposal. Courts should, and likely will, give these democratically-implemented and constitutionally-sound solutions a wide berth as the ship of state tries to right itself after being swamped by a tidal wave of mortgage defaults.

0 thoughts on “David Reiss on Eminent Domain and Underwater Loans

  1. sms lån says:

    fashion solutions to the problem with the tools at their disposal. Courts should, and likely will, give these democratically-implemented and constitutionally-sound solutions a wide

  2. Nats Ibrahim says:

    I would like to thank you for sharing this great information with us. I am really glad to learn about this because it helps me to increase my knowledge.
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