Supreme Court weighs 'equity theft' claim after state seized 94-year-old's home

, interest and penalties in 2015 when Hennepin County, Minnesota, seized her one-bedroom condominium and later sold it for $40,000.

"At bottom, she's saying the county took her property and made a profit on her surplus equity. It belongs to her," saidSeveral justices questioned the scope of the locality's powers, asking whether the logical extent of the argument meant a municipality could keep more money than was owed through costs such as administrative fees and additional penalties. They were met with answers supportive of the county's position, even from parties backing Tyler.

"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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