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Brief for Respondents, Tyler v. Hennepin County, Minnesota
Bogue, Russell
Bogue, Russell
Abstract
QUESTIONS PRESENTED
1. Whether selling a tax-forfeited property to satisfy a tax debt and keeping the surplus value violates the Fifth Amendment’s Takings Clause in the absence of any state-created property right to that surplus value.
2. Whether a tax forfeiture of a property worth more than needed to satisfy its tax debt, plus interest, penalties, and costs, is a “fine” within the meaning of the Eighth Amendment.
