Here are what others are saying about Supreme Court’s recent ruling in Tyler v. Hennepin County, No. 22-166 (U.S. May 25, 2023), the case in which the Court unanimously held that the county’s keeping the excess equity in Ms. Tyler’s home over what she owed in property taxes and fees is an uncompensated taking of private property.

  • As usual, lawprof Ilya Somin was first out of the gate with “Major Unanimous Supreme Court Victory for Property Rights in Tyler v. Hennepin County” (“While the Supreme Court decision left some notable issues unresolved, it nonetheless sets a significant precedent. Most obviously, the jurisdictions that currently authorize home equity theft—some twelve states and the District of Columbia—will no longer be allowed to do so. In addition, the holding that states cannot just redefine property rights at will has important implications for other property rights issues. It makes it harder for states to avoid takings liability.”)
  • Amanda Karras has this casenote at the International Municipal Lawyers Association’s blog, “Supreme Court Rules Against County in Important Takings Case” (“States and local governments may also look to Nelson as guidance and provide a mechanism for the return of the surplus equity after the sale of the property.  That said, while Nelson remains good law, the question of overruling Nelson was not on the table, and it may be that such a scheme (which would allow a local government to keep surplus equity after the sale of the property if there is a mechanism for the return of the equity to the homeowner) may not be viewed favorably by the current Court and may also conflict with subsequent precedents from the Court.”)
  • Amy Howe, SCOTUSblog “Justices rule Minnesota county violated takings clause” (“The county pointed to a 1935 state law that strips an owner who falls behind on her property taxes of her interest in the property. Therefore, the county argued, there was no property for the government to take. The court disagreed, stressing that ‘property rights cannot be so easily manipulated.’ Indeed, Roberts observed, even Minnesota itself ‘recognizes that in other contexts a property owner is entitled to the surplus in excess of her debt.’ Although the county can sell Tyler’s condo to recover the $15,000 that she owes it, Roberts wrote, it cannot ‘use the toehold of the tax debt to confiscate more property than was due.’ By keeping the $25,000, Roberts concluded, the county ‘effected a ‘classic taking in which the government directly appropriates private property for its own use.”
  • Federalist Society webinar with Tony Francois, “Courthouse Steps Decision: Tyler v. Hennepin County, Minnesota” (“Join us as Tony Francois provides a detailed analysis of the decision and discusses the potential implications from this landmark ruling.”).

We’ll update as merited.