In re Petition of Alger, Iron County Treasurers for Foreclosure
Fighting home equity theft in Michigan’s unlawful claims process
The Michigan and United States Constitutions demand that government pay the owner for property it takes, at a minimum, by selling the property and returning any surplus to former owners. No matter what claim processes lawmakers put on the books, once a government takes property, the government must pay for it. ...
In re Petition of Manistee County Treasurer for Foreclosure
Fighting home equity theft in Michigan’s unlawful claims process
Chelsea is asking the Michigan Supreme Court to finish what it started in Rafaeli and confirm her right to just compensation without complicated claims procedures and unreasonably tight deadlines. ...
835 Hinesburg Road, LLC v. South Burlington
Fighting to Open Courtroom Doors to Property Takings Claims
With their property rights relegated to second-class status, Jeff Nick, along with his son Ryan, and Jeff Davis are fighting back. Represented at no charge by Pacific Legal Foundation, they're appealing their case's unjust dismissal to ensure federal court access for takings claims and ultimately the right to productively use their property. ...
Fair v. Continental Resources
Nebraska widower fights government-sanctioned home equity theft
The outside world came to a screeching halt for Kevin Fair in 2013. His wife, Terry, was diagnosed with multiple sclerosis and Kevin had to quit his job so he could care for her at their Scottsbluff, Nebraska, home where they'd lived for nearly two decades—the home was a wedding gift from Kevin's mother. ...
Ariyan Inc. v. Sewerage & Water Board of New Orleans
Fighting for timely just compensation for government-damaged property
Hemorrhaging money and time, and unable to repair their properties or restore their businesses, these small businesses and property owners are asking the Supreme Court to confirm their constitutional right to reasonably timely just compensation. ...
Ralston, et al. v. County of San Mateo, CA, et al.
Government’s regulatory purgatory demotes property rights to second-class status
Courts cannot require Randy to ask the county to allow a land use it will not approve, via a process that does not exist, simply to make his takings case "ready" for the court's review. ...
Mark Shirley and Ole Time Smokehouse v. Town of Farmville, et al.
Food truck entrepreneur defends livelihood from North Carolina town’s unlawful interference
Mark Shirley was making a good living as the general manager of an auto dealership in Eastern North Carolina, but even his comfortable salary couldn't feed his lifelong passion for cooking. So, in September 2019, after a year of exhaustive research into the restaurant industry, Mark left his profitable job to launch a food truck business called Ole ...
Tyler v. Hennepin County
Victory! Supreme Court declares home equity theft unconstitutional
On May 25, 2023, the Supreme Court announced a unanimous decision in favor of Geraldine, ruling that home equity theft violates the Takings Clase of the Fifth Amendment. The Court explained that property rights are fundamental and cannot be erased by a state statute that redefines them out of existence. "The taxpayer must render unto Caesar what is ...
Barnette v. HBI, LLC
Taking tax-foreclosed property requires proper notice
In 2002, Walter Barnette was working in the Omaha suburb of Bellevue when he spotted an acre of land in a growing neighborhood. Though he lives across the nearby border with Iowa, he bought the property with the intent of one day building a home. Walter fell on hard times, however, and failed to pay his 2010 and 2011 property taxes—$986.50—to S ...