Nick Laurent Co-Presents Webinar on SCOTUS Case Addressing Taking Home Equity

September 21, 2023

On September 20, Barron, Adler Clough and Oddo attorney, Nick Laurent, co-presented a webinar for the American Bar Association to discuss the Tyler v. Hennepin County, Minnesota case and its impact on takings jurisprudence. Nick was joined by Christina Martin, a senior attorney with the Pacific Legal Foundation who argued the case to the United States Supreme Court.

This case raises questions about the definition of property and property rights when evaluating the extent of the government’s power to take and seize the home equity of private property. In the landmark case, Hennepin County seized a condo and sold it for $40,000 to satisfy the owner’s $15,000 outstanding tax debt. The County kept the remaining $25,000 in home equity instead of returning it to the property owner. The District Court and Eighth Circuit ruled in favor of the County, but in May 2023, the Supreme Court overturned the District and Circuit Courts, unanimously deciding that it was unconstitutional for the County to retain the home equity.

Thank you to Christina Martin for sharing her experience in arguing this distinct case, ABA’s Section of Real Property, Trust and Estate Law for sponsoring the event, and all who joined this CLE session.

Visit Pacific Legal Foundation’s website to learn more about the Pacific Legal Foundation and the case.