Journal article
Super-Liens to the Rescue? A Case Against Special Districts in Real Estate Finance
Washington and Lee law review, Vol.72(2), p.707
04/01/2015
Abstract
Although special taxing districts have received significant consideration by legal scholars in the past, this article helps draw a more focused attention to the blatant abuses and negative effects caused by the use of special taxing districts in the purely private real-estate-development setting. This article concludes by advocating that an equitable jurisprudential approach -- in the form of a two-pronged test -- be adopted by courts to help better police the legitimate use of special taxing districts. Over the past several years, cities and other municipalities have been tested and strained by changing political winds and powerful economic and financial pressures. The financial and housing crisis of 2007 and 2008, followed by the Great Recession, caused a tremendous mistrust in the federal government. A possible solution to this problem involving special taxing districts might entail the use of private law cures. In other words, mortgage lenders might attempt to contractually anticipate and prevent the creation of special taxing districts and the resulting damage to their collateral position.
Details
- Title: Subtitle
- Super-Liens to the Rescue? A Case Against Special Districts in Real Estate Finance
- Creators
- Christopher K Odinet
- Resource Type
- Journal article
- Publication Details
- Washington and Lee law review, Vol.72(2), p.707
- Publisher
- Washington & Lee University, School of Law
- ISSN
- 0043-0463
- eISSN
- 1942-6658
- Language
- English
- Date published
- 04/01/2015
- Academic Unit
- Law Faculty; Finance; Public Policy Center (Archive)
- Record Identifier
- 9984285648602771
Metrics
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