After Tyler v. Hennepin County: What Impact on Alabama Tax Sales?
May 25, 2023. The date the United States Supreme Court ruled in Tyler v. Hennepin County that the Minnesota tax sale process was unconstitutional. The decision has a dramatic affect on all aspects of Alabama tax sales laws. That includes tax certificates, tax deeds, tax liens and overbids.
Take this 90-minute live online course to find out how it will affect Alabama and what legislators will probably do. Learn strategies to protect yourself no matter what happens and strategies to take advantage of changes to the law. Get ready now, because court rulings and statute changes could come quickly.
Can relevant facts, holdings & elements of Tyler v. Hennepin County be applied to Alabama Tax Sales? The opening term of the most conservative Supreme Court in a generation was supposed to bring an eruption of pent-up ideological rage. However, the Supreme Court defies critics with wave of unanimous decisions such as it did in fascinating case of Tyler v. Hennepin County.
Tyler filed a putative class action against Hennepin County arguing that the County had unconstitutionally retained the excess value of her home above her tax debt in violation of the Takings Clause of the Fifth Amendment and the Excessive Fines Clause of the Eighth Amendment. On May 25, 2023, the Supreme Court unanimously reversed the Eighth Circuit's decision. The Court held that Tyler had stated a claim under the Takings Clause, it did not reach the question of whether Hennepin County's practice constituted a fine within the meaning of the Excessive Fines Clause