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Fifth Amendment › Takings Clause › Asset Seizure

Hudson Cook, LLP

Creditors' Rights and the Constitution: A Difficult (But Not Impossible) Connection to Make

Hudson Cook, LLP on

You may not associate creditors' rights with the United States Constitution. After all, when people think of constitutional rights, they generally think of free speech, freedom of the press, trial by jury, etc. The...more

Husch Blackwell LLP

Surplus Funds from Tax Sales are a Property Interest

Husch Blackwell LLP on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Tyler v. Hennepin County, Minnesota

Faegre Drinker Biddle & Reath LLP on

On May 25, 2023, the Supreme Court decided Tyler v. Hennepin County, Minnesota, No. 22-166, holding that, upon seizure of their real property for unpaid property taxes, the Takings Clause of the Fifth Amendment of the U.S....more

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