Abstract: This article explains the legal basis of municipal authority to condemn mortgage loans secured by properties located within the municipality. It considers the principal legal objections to the municipal authority, including constitutional objections under the Takings Clause and the Dormant Commerce Clause. It concludes that these challenges are unfounded and that municipalities have the power to condemn the loans. The article was first published in the California Public Law Journal, a quarterly publication of the Public Law Section of the State Bar of California.
Publication Year: 2014
Publication Date: 2014-01-01
Language: en
Type: article
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