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United States Leading Case mortgagesrule of law

Tyler v Hennepin County

598 US 631 (2023)
JurisdictionUnited States
CourtUS Supreme Court
Year2023
StatusBinding authority

Summary

Government retention of surplus proceeds from a tax-sale foreclosure beyond the tax debt owed constitutes a taking under the Fifth Amendment requiring just compensation.

Key Principle

The government's retention of surplus proceeds from a tax-sale foreclosure constitutes a taking under the Fifth Amendment; the former owner is entitled to the surplus above the tax debt.

Area of Law

property

Related Cases

Zheng v Cai (2009) 239 CLR 446

In assessing personal injury damages, gratuitous or benevolent payments received by the plaintiff from third parties are not to be deducted from the damages award.

Farah Constructions Pty Ltd v Say-Dee Pty Ltd (Knowing Receipt) [2007] HCA 22

Knowing receipt of trust property requires actual knowledge of the breach of trust or circumstances that indicate impropriety to establish constructive trust liability.

Tanwar Enterprises Pty Ltd v Cauchi (Specific Performance) [2003] HCA 57

Equity presumptively grants specific performance of land sale contracts on the basis that land is unique, unless granting it would be unjust.

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