Small Businesses Defend Takings Clause in Supreme Court Brief

Date: March 06, 2023

Tyler v. Hennepin County asks whether Minnesota’s “home-equity theft” violates the Fifth Amendment

WASHINGTON, D.C. (March 6, 2023)NFIB filed an amicus brief at the U.S. Supreme Court in the case Geraldine Tyler v. Hennepin County. The case concerns the Takings Clauses’ Just Compensation requirement as it relates to a property’s equity. The Just Compensation requirement mandates that the government pay the property owner whenever it takes possession of the owner’s property.

“This case highlights a fundamental amendment of our country’s Constitution,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “Small business property owners work hard to comply with various regulations and pay numerous taxes at every level of government. Due to the Fifth Amendment, the government has no authority to keep a surplus of money accumulated and harm property owners. NFIB urges the Supreme Court to reverse the Eighth Circuit’s decision.”

The case questions 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.”

NFIB filed the amicus brief with the Buckeye Institute, Competitive Enterprise Institute, Manhattan Institute, Platte Institute, and Illinois Policy Institute.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s court. 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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