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Property Owners › Excessive Fines Clause

Nelson Mullins Riley & Scarborough LLP

Reacting to Tyler v. Hennepin County: West Virginia Federal Court Allows Wood County Tax-Sale Challenge to Proceed

Nelson Mullins Riley & Scarborough LLP on

Earlier this month, the U.S. District Court for the Southern District of West Virginia declined to dismiss a Section 1983 challenge against a West Virginia County in Grady v. Wood County. This ruling comes in the wake of the...more

Snell & Wilmer

U.S. Supreme Court Reinforces Property Owners' Rights to Excess Sales Proceeds After the Sale of Seized Land

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On May 25, 2023, the United States Supreme Court, in Tyler v. Hennepin County, Minnesota, et al., reaffirmed the general principle that a creditor that has seized property to satisfy a debt is not entitled to the remaining...more

Ballard Spahr LLP

Must All 50 States Comply with the U.S. Constitution’s Prohibition Against Excessive Fines?

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This fall, the U.S. Supreme Court will hear argument in Timbs v. State of Indiana, one of the most anticipated cases this term. At issue is whether the Eighth Amendment’s prohibition against excessive fines applies to state...more

Ballard Spahr LLP

Pennsylvania Supreme Court Strengthens Protections For Property Owners In Landmark Civil Forfeiture Decision

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Elizabeth Young is a 72-year-old grandmother whose home and car the government sought to forfeit based on several relatively minor drug sales her adult son conducted out of the house and car. Young fought the forfeiture and...more

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