Comment: Foreclosing on a Crisis: How a Presumption of Public Use Could Help Courts Decide Whether Eminent Domain of Underwater Mortgages is Beneficial

“Foreclosing on a Crisis: How a Presumption of Public Use Could Help Courts Decide Whether Eminent Domain of Underwater Mortgages is Beneficial” provides a legal background into both Midkiff and Kelo, two relevant cases under public and government use backed by the Fifth Amendment. Jenifer Gee, the author of the comment, advances the piece with the application of the public use requirement to satisfy the seizing of a mortgage. Gee addresses implications of a presumption of public purpose for cities, homeowners, and lenders; she also offers a rebuttal presumption.

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