The U.S. Supreme Court on Wednesday is set to hear a 94-year-old woman's battle with a Minnesota county government that seized and sold her condominium to cover her unpaid property taxes and kept the proceeds beyond the amount she owed in a case testing constitutional checks on excessive fines and property seizure.
The justices are scheduled to hear oral arguments in an appeal by Geraldine Tyler of a lower court's ruling that threw out her proposed class action lawsuit accusing Hennepin County, which contains Minnesota's most-populous city Minneapolis, of violating her rights under the U.S. Constitution., which began in October.
After covering expenses, any remaining proceeds are given to the local school district, city and county. None is refunded to the former owner. In 2010, Tyler moved out of her one-bedroom condominium in Minneapolis and into an apartment building for elderly people. She then stopped paying taxes on the condo. The county said she refused other options to recoup the equity in her condo, including selling it, refinancing her mortgage or signing up for a 10-year tax payment plan.
Tax-forfeiture laws like Minnesota's are "especially pernicious for owners who have non-blameworthy reasons, including cognitive decline, physical or mental illness, or simple poverty," her lawyers said in legal papers.
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