State Owes Seized Home Surplus to Tax Debtor, Justices Say

State Owes Seized Home Surplus to Tax Debtor, Justices Say

May 25, 2023, Bloomberg Law

Kevin King’s commentary appeared in a Bloomberg Law article about the recent U.S. Supreme Court decision, Tyler v. Hennepin County, where local governments that keep surplus proceeds when a homeowner’s property is seized and sold to settle tax debts commit unconstitutional takings.

According to Kevin, this decision is the latest in a series of Supreme Court rulings over the last five years enforcing Takings Clause protections for private property. He predicted the ruling’s impact will be broader than what he described as “home equity theft” cases like the plaintiff Tyler’s “by protecting longstanding property rights against other types of governmental intrusions,” such as “unprecedented new forms of housing and environmental regulations.”

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