Small Businesses Applaud Supreme Court Ruling Defending Takings Clause

Date: May 25, 2023

Supreme Court defends property owner’s Fifth Amendment right

WASHINGTON, D.C. (May 25, 2023)NFIB is pleased with today’s Supreme Court decision in Geraldine Tyler v. Hennepin County. The Court unanimously ruled in favor of Tyler on her Fifth Amendment takings claim. NFIB joined an amicus brief in the case advocating for this result.

“Today’s ruling is good news for small business owners who work hard to comply with various government regulations,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “The Court agreed that the government has no authority to keep a surplus of money accumulated from a property owner due to the Fifth Amendment. We are pleased the Court ruled in favor of Tyler and reversed the lower court’s decision.”

The case questioned whether the Takings Clause prevents the government, after seizing and selling a person’s property to collect back taxes, from keeping the surplus amount collected from the sale. This government practice is commonly referred to as “home-equity theft.”

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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