She got $0 from condo sale. Supreme Court weighs fairness

The county said in court papers that Tyler could have sold the property and kept whatever was left after paying off the mortgage and taxes, refinanced her mortgage to pay the tax bill or signed up for a tax payment plan.

Instead, she did nothing for five years, the county said, until after authorities followed state law and sold the condo. The county wrote: Tyler believes “the Constitution required the State to serve as her real estate agent, sell the property on her behalf, and write a check for the difference between the tax debt and the fair market value.

But the bulk of support in court filings is with Tyler, including AARP, business groups, real estate interests and other people who have gone through experiences similar to hers. A Massachusetts man described his ongoing fight with authorities over a tax bill of $900 on a property he says is worth at least $330,000 in a beach town on Cape Cod Bay. In a filing from New York, property tax attorney David Wilkes and legal services groups wrote that New York’s rules “excessively takes far more than what is due to the government and go well beyond an appropriate deterrent to those homeowners who would ignore a tax delinquency.

The Biden administration told the court that Tyler’s claim that her property was taken without just compensation, in violation of the 5th amendment, is the stronger of her arguments. The justices should reject the claim that Minnesota’s law violates the 8th amendment’s prohibition on excessive fines, Solicitor General Elizabeth Prelogar wrote.applied to the states as well as the federal government.

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