The Supreme Court appeared sympathetic to the appeal of a 94-year-old Minnesota woman who got no compensation when the government seized her home over a small unpaid tax bill — and pocketed the profit.
, interest and penalties in 2015 when Hennepin County, Minnesota, seized her one-bedroom condominium and later sold it for $40,000.
Geraldine Tyler and her family. Tyler, 94, is appealing to the U.S. Supreme Court to recoup money from a home seized and sold by Hennepin County, Minn., for an amount greater than taxes and fees she owed."At bottom, she's saying the county took her property and made a profit on her surplus equity.
"Can it impose a penalty for failing to respond or for anything else that the property owner may do in connection with this proceeding?" continued Alito.But few justices appeared to endorse wholesale the concept of a municipality keeping everything from a property forfeiture above what was originally owed plus any added costs.
"There's many circumstances like eminent domain in which an individual can't avert the taking whatsoever," replied Katyal. The county argued that legal tradition stretching back to the country's founding has recognized forfeiture for unpaid taxes as a "reasonable condition on property ownership" and that once a home is surrendered, there's no "taking" that requires compensation.
The county argued in court papers that Tyler had ample opportunity to avoid forfeiture, stating she could have sold the property herself, paid her tax bill and mortgage and kept the excess. She could also have accepted a payment plan from the county but did nothing for five years, according to the filing.
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