Supreme Court concerned county took too much from woman who owed taxes

Hennepin County, which contains Minneapolis, foreclosed on Geraldine Tyler’s one-bedroom condo after she moved into an apartment building for the elderly and stopped paying property taxes for five years.

The Supreme Court is considering Tyler’s claim that keeping the excess money violates the Constitution’s prohibition on the taking of private property without fair compensation by the government, as well as protection against excessive fines. TheWednesday’s lengthythe 13th-century Statute of Gloucester and featured more than a dozen references to a colonial-era American judge named St. George Tucker.

She added: “If the mind rebels at the notion that the government can seize your $100,000 bank account and not give you back the $90,000 that you don’t owe, if the mind rebels at that, you know, why should . . . what was going on in 1200 or what was going on in 1776 change anything?” He said it is unfair to local governments to make them act as “real estate agents of last resort” — seizing the property, going through the trouble of selling it and then returning the equity to former owner. Katyal also noted that there were various liens and other claims on Tyler’s property that made it unclear whether she really had equity in the condo — and thus a claim to the disputed profit.“Why in the world would it be that Tyler walked away from her home?” Katyal asked.

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