
An Idea Whose Time Has Gone
Author(s) -
William R. Maurer
Publication year - 2017
Language(s) - English
DOI - 10.37419/jpl.v4.i2.5
Subject(s) - constitutionality , legislation , amortization , law , political science , power (physics) , public administration , law and economics , sociology , business , constitution , finance , physics , quantum mechanics , loan
This Article discusses what amortization is, why municipal governments use it, and how the courts of Texas and other states have treated the practice. Next, this Article argues that, while Texas courts have routinely approved amortization, many exercises of the power are likely unconstitutional under Texas’s prohibition on retroactive civil legislation and that it violates due process. Lastly, this Article concludes with a call for Texas courts to reexamine the constitutionality of this oppressive practice and do away with it once and for all.