This article will provide both an analysis of the legal concept of eminent domain and its likelihood of success in resuscitating real estate markets in towns like San Bernandino. Sections Two and Three will explore the background of the mortgage crisis and provide an in-depth description of the eminent domain proposal by the Mortgage Resolution Partners ("MRP"). Section Four takes a deeper look into the state and federal precedent on a municipality's power to use eminent domain, revealing that the definition of "legitimate public purpose" would likely apply to the seizing of mortgages. Finally, Section Five will focus on the predicted effect this proposal, if enacted, would have on lenders and borrowers, proving that San Bernardino should refrain from using eminent domain to seize private mortgages.
Response or Comment
Anne T. T. Jensen, Eminent Domain: The Solution to the Foreclosure Crisis or Overstepping Government Boundaries?, 12 Rich. J. Global L. Bus. 543 (2013).