Questions Presented
1. Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Takings Clause?
2. Whether the forfeiture of property worth far more than needed to satisfy a debt plus, interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment?
Case Updates
Supreme Court holds that petitioner plausibly alleged that a Minnesota law allowing the State to seize real property to satisfy a tax debt and retain the surplus, even where the value of the property seized far exceeds the size of the applicable debt, violates the Takings Clause
May 25, 2023
Click here to view the opinion.
U.S. Chamber files amicus brief
March 06, 2023
The U.S. Chamber filed an amicus brief urging the Supreme Court to hold that a Minnesota law allowing the State to seize real property to satisfy a tax debt and retain the surplus, even where the value of the property seized far exceeds the size of the applicable debt violates the Takings and the Excessive Fines Clauses of the Constitution. Steffen N. Johnson, Michael W. McConnell, John B. Kenney, and Kelsey J. Curtis of Wilson Sonsini Goodrich & Rosati, PC and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Case Documents
- Lower Court Opinion -- Tyler v. Hennepin County (Eighth Cicuit).pdf
- U.S. Chamber Amicus Brief -- Tyler v. Hennepin County (U.S. Supreme Court).pdf
- Opinion -- Tyler v. Hennepin County (U.S. Supreme Court)