Tag

Takings Clause

All articles tagged with #takings clause

law-and-justice1 year ago•3 min saved

"Supreme Court's Cautionary Rulings and Victories for Landowners and Small Businesses"

The U.S. Supreme Court ruled in Sheetz v. County of El Dorado, California, largely siding with George Sheetz in his challenge against a traffic impact mitigation fee as unconstitutional. The ruling cautioned against extending its implications too far, emphasizing that it applies only to the specific circumstances of the case. The decision does not address broader questions about permit conditions and compensable takings, leaving room for further litigation and interpretation.

via Newsweek|

#california #impact-fees #law-and-justice

law2 years ago•2 min saved

Supreme Court delivers rulings in favor of homeowners in property disputes.

The US Supreme Court has ruled in favor of a 94-year-old woman who claimed that Hennepin County violated the Constitution by keeping a $25,000 profit when it sold her home in a tax foreclosure sale. The court unanimously concluded that Geraldine Tyler can pursue her argument that the county's decision to keep the surplus violated the takings clause of the Constitution’s Fifth Amendment, which requires that the government pay compensation when property is taken. The Pacific Legal Foundation, which represented Tyler, calls the practice “home equity theft.”

via NBC News|

#hennepin-county #law #property-rights

law2 years ago•3 min saved

Supreme Court protects property rights of homeowners against government seizure.

The US Supreme Court has ruled that state and local governments cannot seize and sell homes of people with unpaid property taxes and keep the proceeds beyond the amount owed, deeming the practice unconstitutional. The ruling came in favor of a 94-year-old woman who accused Hennepin County, Minnesota, of violating her rights under the US Constitution's Fifth Amendment. The court agreed with her view that the county violated the Fifth Amendment's bar on the uncompensated taking of private property by a government for public use, a provision known as the "Takings Clause."

via Reuters|

#law #minnesota #property-rights

law2 years ago•3 min saved

Supreme Court delivers justice in tax dispute cases.

The US Supreme Court has ruled that states cannot retain more than what a taxpayer owed when seizing private property to recoup unpaid taxes. The unanimous decision came in a case concerning a 94-year-old woman in Minnesota who had stopped paying property taxes on her condominium after moving into an assisted-living center. The county seized the property and sold it at auction for $40,000, keeping not only the $15,000 that all agreed it was due but also the remaining $25,000. The court ruled that retaining the entire value of a confiscated property, even when the debts owed amounted to a small portion of it, is a violation of the Constitution’s takings clause.

via The New York Times|

#law #minnesota #property-rights

law2 years ago•2 min saved

Supreme Court delivers victories for homeowners in tax and equity disputes.

The US Supreme Court has ruled unanimously that a 94-year-old woman can pursue her claim that a Minnesota county violated the Constitution by keeping a $25,000 profit when it sold her home in a tax foreclosure sale. The court concluded that Geraldine Tyler's claim that such seizures violate the takings clause of the Constitution's Fifth Amendment, which requires that the government pay compensation when property is taken, is plausible and should be allowed to move forward. The Pacific Legal Foundation, which litigates property rights issues, calls the practice "home equity theft."

via CNBC|

#law #minnesota #property-rights

law2 years ago•2 min saved

Supreme Court Considers Property Rights and Taxation Disputes

The Supreme Court is considering a case brought by a 94-year-old woman who claims that a Minnesota county violated the Constitution by retaining a $25,000 profit when it sold her home in a tax foreclosure sale. The Pacific Legal Foundation, which is representing the woman, calls the practice "home equity theft" and is asking the Supreme Court to end it. The court will decide if such seizures violate the takings clause of the Constitution’s Fifth Amendment, which requires that the government pay compensation when property is taken.

via NBC News|

#constitution #law #property-rights