On May 25, 2023, the U.S. Supreme Court held that a Minnesota county’s retention of the excess proceeds from sale of a homeowner’s property to satisfy a tax lien violated the Takings Clause. This decision recognizes that...more
6/2/2023
/ Abandonment ,
Asset Seizure ,
Eminent Domain ,
Fifth Amendment ,
Forfeiture ,
Fourteenth Amendment ,
Property Tax ,
SCOTUS ,
Takings Clause ,
Tax Debt ,
Tax Sales ,
Tyler v Hennepin County Minnesota
What are a government’s risks when they deem a business not “essential” and require it to cease operations? Are such Emergency Orders effectively a “taking” of the business? And if so, will the governmental authority be...more
Key Point-
Property owners may now bring a regulatory takings or inverse condemnation claim in federal court without first exhausting state court remedies, overruling Williamson County....more
6/28/2019
/ 42 U.S.C. §1983 ,
Federal v State Law Application ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Knick v Township of Scott Pennsylvania ,
Precedential Opinion ,
Property Owners ,
Reversal ,
SCOTUS ,
State Law Remedies ,
Takings Clause
Key Points On June 11, 2019, the Houston First Court of Appeals issued a 34-page opinion holding that the University of Houston’s alleged infringement of a private citizen’s copyrighted photograph was not a taking under the...more