Nebraska homeowner recovers title to his home after Nebraska Supreme Court win

Scottsbluff, Nebraska; December 23, 2024: After prevailing in the U.S. and Nebraska Supreme Courts, a Scottsbluff widower will get his home back. Kevin Fair’s legal case began in 2018, after an unconstitutional Nebraska law took his home and the equity in it over a $600 debt and gave it to the investor Continental Resources.  

Mr. Fair’s constitutional challenge reached the Nebraska Supreme Court a second time last year, which ruled in his favor in August. Now Mr. Fair and the investor have amicably resolved their dispute, returning title to Mr. Fair just in time for Christmas. 

“We are so happy that Kevin can stay in his home that he shared with his late wife,” said Christina Martin, senior attorney at Pacific Legal Foundation. “Kevin’s case affirmed that home equity is property protected by the Constitution. The government can’t take it without paying just compensation. That Mr. Fair will be able to keep his home is especially good news, given recent health setbacks.” 

Last month Kevin suffered a stroke, and he now will need a ramp to get into his home to accommodate his walker. To help offset the costs of necessary home alterations, and the cost of an impending tax bill that accrued before Mr. Fair could file for an exemption for seniors, a GoFundMe was created to help Kevin keep the home he won back.  

Kevin’s case was Fair v. Continental Resources.