The Supreme Court unanimously ruled it is unconstitutional for governments to keep more money from a property seizure sale than it needs to satisfy unpaid property taxes.
AP Photo/J. Scott Applewhite, FileWASHINGTON, DC – It is unconstitutional for government to keep more money from a property seizure sale than it needs to satisfy unpaid property tax bills, the Supreme court unanimously held on Thursday, adding that taxpayers must “render unto Caesar what is Caesar’s, but no more.”for the court.
“History and precedent say otherwise. The County had the power to sell Tyler’s home to recover the unpaid property taxes. But it could not use the toehold of the tax debt to confiscate more property than was due,” the court responded. “By doing so, it effected a classic taking in which the government directly appropriates private property for its own use. Tyler has stated a claim under the Takings Clause and is entitled to just compensation.
“In collecting all other taxes, Minnesota protects the taxpayer’s right to surplus,” Roberts noted with disapproval regarding the inconsistency in that state’s tax laws. “If a taxpayer falls behind on her income tax and the State seizes and sells her property, any surplus proceeds shall be credited or refunded to the owner.”
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