CheckBeck
03/26/2024
It's truly incredulous that such a practice was ever allowed to persist! In our state the government retained excess funds from tax sales.
Let me break it down: Imagine you owe back taxes on a property—certainly not an ideal situation, but it can happen. For instance, if your property was valued at $100,000 and your overdue taxes amounted to $25,000, the county in Minnesota, would auction your property (let's say for $100,000), settle the $25,000 tax debt, and then, shockingly, retain the remaining $75,000 of your equity, distributing it among the county, school district, and state, all in accordance with state law.
This flagrant injustice was challenged in a Minnesota case that reached the U.S. Supreme Court, resulting in a unanimous 9-0 ruling declaring it unconstitutional. 9-0!
I can not beleive our elected state leaders allowed this for so many years and did nothing until the US Supreme Court said they needed to change.
https://www.journalofaccountancy.com/issues/2023/sep/surplus-from-homes-tax-forfeiture-sale-must-be-returned-to-owner-supreme-court-holds.html #:~:text=The%20Supreme%20Court%20held%20that,Clause%20of%20the%20Fifth%20Amendment.
Surplus from home's tax forfeiture sale must be returned to owner, Supreme Court holds A Minnesota county's retention of proceeds above the real property tax debt violated the Fifth Amendment's Takings Clause.
If you require transportation to the polls and you're within a reasonable distance, please feel free to reach out. I'll gladly assess what constitutes 'within a reasonable distance.' To clarify, 'within a reasonable distance' does not encompass locations as distant as Orlando, Florida, for instance.
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