Short Circuit 242 | CON Law at SCOTUS
Short Circuit
The Foreclosure of Homeowners' Equity: A Violation of Property Rights
This chapter discusses a case involving the foreclosure of a woman's home by a city, resulting in a surplus of $285,000 that should have gone to the original owner. The panel analyzes the plaintiffs' claims in relation to the Fifth Amendment taking claim and examines the protection of property rights under state law, tracing the historical development of property rights. They argue that the government's ability to foreclose on real property owners to satisfy a tax lien conflicts with centuries of property rights.
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