SCOTUS will hear a case Wednesday concerning a 94-year-old Minnesota woman whose home was seized by the state for unpaid taxes and never saw the excess proceeds from the home's eventual sale.
Tyler's forfeiture is not a"source of profit." He stated that Minnesota law gives owners three years to resolve a nonpayment and that"if owners do not ultimately pay their taxes, the property is forfeited to the state, and all liens and encumbrances are removed."
David Deerson, a PLF attorney who has also worked on the case, said while Hennepin County contends that disputes such as Tyler's are rare, the problem is actually"widespread,"The core issue in the dispute is whether the government violates the Fifth Amendment's takings clause when it takes property worth more than the debt owed by the owner and whether that amounts to an excessive fine.
The Biden administration filed a brief in support of neither party in the case but contended the federal government had"substantial interest" in the case, according to a brief from Justice Department Solicitor General Elizabeth Prelogar. Prelogar wrote that"the retention of sale proceeds allegedly in excess of petitioner’s tax debt does not constitute a 'fine' subject to the Excessive Fines Clause." But she added that, unlike the Minnesota statutory program at issue,"federal law does not authorize the taking of absolute title to real property ... without a process for obtaining proceeds from a subsequent sale.
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