94-year-old’s Supreme Court case could change property rights nationwide
By Ray Bogan (Political Correspondent )
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Supreme Court seems to favor woman who got $0 in condo sale
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Click to see story on abc NewsSupreme Court concerned county took too much from woman who owed taxes
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Click to see story on KRDOShe got $0 from condo sale. Supreme Court weighs fairness
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Click to see story on Washington Top NewsSupreme Court seems to favor woman who got $0 in condo sale
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Click to see story on MissoulianSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on Helena Independent RecordThe Supreme Court seems sympathetic to a 94-year-old woman whose condo was seized over a $2,300 tax bill and sold for $40,000
Click to see story on FortuneShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on NY1She got $0 from condo sale. Supreme Court weighs fairness
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Click to see story on Syracuse NYSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on The Sun (Lowell)She got $0 from condo sale. Supreme Court weighs fairness
Click to see story on The ColumbianShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on KOB 4Supreme Court seems to favor woman who got $0 in condo sale
Click to see story on Winston-Salem JournalSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on Daily FreemanShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on KWKT – FOX 44Supreme Court seems to favor woman who got $0 in condo sale
Click to see story on Rapid City Journal Media GroupSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on McDowellNews.comShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Sentinel-TribuneSupreme Court Grills Minn. County That Kept Profits From Forfeiture Sale
Click to see story on Law.comSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on The SaratogianSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on The ReporterSupreme Court seems to favor woman who got $0 in condo sale
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Click to see story on hsjchronicle.comSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on tnledger.com94-year-old Geraldine Tyler lived alone in a condo and then rented an apartment in a senior community. Now she’s before the Supreme Court and her case could change property law around the country.
The justices heard oral arguments Wednesday, April 26, about Ms. Tyler’s home that was foreclosed on in Minnesota. But there are thousands of cases just like hers around the country.
Back story
Ms. Tyler stopped paying taxes when she moved out of her condo in 2010. That eventually added up to $15,000 in taxes, fees and other costs. The county seized her property, sold it for $40,000 and kept what she owed, plus the additional $25,000 as a windfall. Although the county argues there was nothing left when they add in all of their expenses, including paying leftover HOA fees and the cost of getting the condo ready for sale.
“This court in Texaco made clear that when a property right is extinguished, due to an owner’s failure to comply with reasonable conditions on ownership, there is no taking that requires compensation,” Neal Kumar Katyal, the lawyer representing Hennepin County, said during his opening statement.
It’s legal in Minnesota and a dozen other states for the local government to take absolute title of properties and keep all of the owner’s equity in exchange for canceling the debt. But Ms. Tyler doesn’t think it’s right.
“Certainly the government can tack on penalties interest in fees and they can forcibly sell it and take their cut. But when you just attempt to take everything leftover after that, that’s taking,” Christina M. Martin, an attorney with Pacific Legal Foundation told the justices.
The legal questions
Lower courts have ruled against Ms. Tyler. Now the justices will answer two questions:
- Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Takings Clause of the Fifth Amendment, which requires just compensation be given to property owners.
- Whether the forfeiture of property worth far more than needed to satisfy a debt plus, interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment – which prohibits excessive fines.
Questions from the justices
Multiple Justices asked when a property could be considered abandoned, given Ms. Tyler hadn’t paid taxes on the condo for five years and was not living there.
“But if some state wanted to just say you know we have a rule, you don’t pay taxes for five years, you’re not living there, we’re going to consider the place abandoned,” Justice Elena Kagan asked lawyers for Ms. Tyler.
“I think that would still be problematic, Your Honor, because there’s a lot of reasons why people don’t pay their property taxes and a lot of reasons why people move out. We’ve seen examples of people who are moved into nursing homes and have all sorts of unfortunate circumstances,” Martin responded.
Home equity theft
Ms. Tyler, and others in her situation, are being represented by the Pacific Legal Foundation (PLF). According to the organization’s data, 11 states foreclosed and sold 8,950 properties from 2014 to 2021. Available data for 6,200 of those homes showed that when the governments sold them, they collectively received $860 million more than the taxes that were owed. PLF describes it as home equity theft. It’s an issue that has united many organizations, including PLF and AARP.
The justices will release their decision in the case by June.
94-year-old Geraldine Tyler lived alone in a condo and then rented an apartment in a senior community. Now she’s before the Supreme Court and her case could change property law around the country.
When Ms. Tyler moved out of her condo, she stopped paying taxes. That eventually added up to $15,000 in taxes, fees, and other costs. The county seized her property, sold it for $40,000, and kept what she owed, plus the additional $25,000 as a windfall. Although the county argues when you add in all of their expenses, including paying left over HOA fees and the cost of getting the condo ready for sale, there was nothing left.
Neal Kumar Katyal, Hennepin County, Lawyer representing Hennepin County tc: 51:24
This court in Texaco made clear that when a property right is extinguished, due to an owner’s failure to comply with reasonable conditions on ownership, there is no taking that requires compensation.
It’s legal in Minnesota and a dozen other states for the local government to take absolute title of properties and keep all of the owner’s equity in exchange for canceling the debt. But Ms. Tyler doesn’t think it’s right.
Christina M. Martin, Pacific Legal Foundation Tc 23:10
certainly the government can tack on penalties interest in fees and they can forcibly sell it and take their cut. But when you just attempt to take everything leftover after that, that’s taking
Lower courts have ruled against Ms. Tyler. Now the justices will answer two questions:
- Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Takings Clause of the fifth amendment which requires just compensation be given to property owners.
- Whether the forfeiture of property worth far more than needed to satisfy a debt plus, interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment – which prohibits excessive fines.
Ms. Tyler, and others in her situation, are being represented by the Pacific Legal Foundation. According to the organization’s data, 11 states foreclosed and sold 8,950 properties from 2014 to 2021. Available data for 6,200 of those homes showed that when the governments sold them, they collectively received $860 million more than the taxes that were owed. PLF describes it as home equity theft. It’s an issue that has united many organizations, including PLF and AARP.
We won’t have to wait too long to get the decision, the Justices will release it by June. Straight from DC, I’m Ray Bogan.
Media Landscape
This story is a Media Miss by the right as only 10% of the coverage is from right leaning media. Learn more about this dataBias Distribution
Left
Supreme Court seems to favor woman who got $0 in condo sale
Click to see story on Associated Press NewsShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on abc NewsSupreme Court concerned county took too much from woman who owed taxes
Click to see story on The Washington PostMpls. woman got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Star TribuneShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Alaska Highway NewsShe Got $0 When the County Sold Her Condo. Supreme Court Weighs In
Click to see story on NBC BostonSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on WISH-TVShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Lakeland TodayShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Airdrie TodayShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Mountainview TodayShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Town And Country TodayShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Burnaby NowShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Delta OptimistShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Coast ReporterSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on The Delaware County Daily TimesSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on Southernminn.comShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Dawson Creek MirrorShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on KRDOShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Winnipeg Free PressSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on Pioneer PressShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on News 4 JAXShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on WKMGShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Click on DetroitShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on WPLGSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on Portland Press HeraldShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on San Diego Union TribuneShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on KSAT 12She got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Washington Top NewsSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on The Billings GazetteSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on MissoulianSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on Helena Independent RecordThe Supreme Court seems sympathetic to a 94-year-old woman whose condo was seized over a $2,300 tax bill and sold for $40,000
Click to see story on FortuneShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on NY1She got $0 from condo sale. Supreme Court weighs fairness
Click to see story on WCBDShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Syracuse NYSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on The Sun (Lowell)She got $0 from condo sale. Supreme Court weighs fairness
Click to see story on The ColumbianShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on KOB 4Supreme Court seems to favor woman who got $0 in condo sale
Click to see story on Winston-Salem JournalSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on Daily FreemanShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on KWKT – FOX 44Supreme Court seems to favor woman who got $0 in condo sale
Click to see story on Rapid City Journal Media GroupSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on McDowellNews.comShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Sentinel-TribuneSupreme Court Grills Minn. County That Kept Profits From Forfeiture Sale
Click to see story on Law.comSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on The SaratogianSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on The ReporterSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on The Pottstown MercurySupreme Court seems to favor woman who got $0 in condo sale
Click to see story on Daily Local NewsSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on Sentinel and EnterpriseSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on The Times HeraldShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on The Norfolk Daily NewsSupreme Court weighs fairness after woman got $0 from condo sale
Click to see story on Washington TimesShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on National PostShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on MY NorthwestSupreme Court seems to favor woman who got $0 in condo sale
Click to see story on Boston HeraldShe got nothing from condo sale. Supreme Court weighs fairness
Click to see story on KSLRight
Untracked Bias
She got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Richmond NewsShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on North Shore NewsShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on AlbertaPrimeTimes.comShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Tri-City NewsShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on PiqueShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Squamish ChiefShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on New West RecordShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on St. Albert GazetteShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Rocky Mountain OutlookShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Temple Daily TelegramSupreme+Court+seems+to+favor+Minneapolis+woman+who+got+%240+in+condo+sale
Click to see story on Finance & CommerceShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on Powell River PeakSupreme Court to weigh fairness of condo sale that got owner $0
Click to see story on Maryland Daily RecordShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on westernwheel.caShe got $0 from condo sale. Supreme Court weighs fairness
Click to see story on cochraneeagle.caShe got $0 from condo sale. Supreme Court weighs fairness – The Hemet & San Jacinto Chronicle
Click to see story on hsjchronicle.comSupreme Court seems to favor woman who got $0 in condo sale
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