bans excessive fines and fees—and the disconnect between the amount owed and the property value could be described as a punitive fine.
True, it’s a practice that's been going on in Minnesota for nearly 100 years. But, Tyler's lawyers argue, the basic concept that should protect Tyler dates back much further to 1215 and the Magna Carta, which limited how much property could be taken to satisfy a debt. And a bit more recently—in 1855—the Supreme Court itself found in, that while the government may seize property to collect a tax, it exceeds its legitimate authority to collect the debt when it takes more than what is owed.
Around the country, as recent cases show, it’s not only local governments that have been profiting from homeowners’ misfortunes. Still, dispossessed homeowners have notched some victories, too. The bottom line, however, is that state and local governments have financial incentives not to change their practices, unless they’re forced to.
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