Help Shape What’s Next for NAHB
 
Take the Industry Pulse Check. Learn more
 

NAHB Joint Efforts Successful in Minnesota Takings Case

Legal
Published
Contact: Thomas Ward
[email protected]
VP, Legal Advocacy
(202) 266-8230

In a key win for NAHB and private property owners, the Supreme Court on May 25 handed down a unanimous decision delivering a victory to a landowner in a takings case out of Hennepin County, Minn. The landowner, 94-year-old Geraldine Tyler, owned a condominium that accumulated approximately $2,300 in unpaid real estate taxes and $13,000 in interest and penalties. The county sold Ms. Tyler’s property for $40,000, which satisfied her $15,000 tax debt. But under Minnesota law, the county kept the $25,000 in excess proceeds as a windfall.

Ms. Tyler sued Hennepin County, alleging the seizure of the excess proceeds from the sale of her house constituted a violation of the Fifth Amendment’s takings clause and a violation of the Eighth Amendment’s prohibition on excessive fines. At the trial court level, the case was dismissed for failure to state a claim. The Eighth Circuit affirmed.

Upon review, the Supreme Court found that Ms. Tyler’s lawsuit did in fact state a plausible claim. The county keeping the excess proceeds constituted a taking.

Seizing upon points raised in NAHB’s joint amicus brief, the Supreme Court noted that while state law is an important source of property rights, it cannot be used to circumvent traditional property interests. The Supreme Court also recognized the brief’s argument that since the Magna Carta, English and American common law has required governments to return any surplus from property taken to pay tax debts.

Again agreeing with the brief, the Supreme Court acknowledged the inconsistency of Minnesota law on the issue of excess proceeds. Banks in Minnesota are required by state law to return excess proceeds from a foreclosure sale to the home owner.

Minnesota law also protects the taxpayer’s right to surplus when collecting past due taxes on income or personal property. Yet, in the context of real estate taxes, Minnesota was pocketing the excess in real estate tax sales. This inconsistency was glaring to the unanimous Supreme Court.

Lastly, the Supreme Court rejected Hennepin County’s argument that Ms. Tyler had abandoned her property by failing to pay taxes, and therefore, had no right to the excess proceeds. The Supreme Court succinctly stated the county cannot “frame... [the failure to pay taxes] …as abandonment to avoid the demands of the Takings Clause.”

This win is not only important to Ms. Tyler but to property owners nationwide. No longer can localities seize windfalls on the excess proceeds from tax sales. This case also makes clear that states cannot circumvent traditional property rights via state law.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Economics

May 06, 2026

Mortgage Rates, Inflation and Yields All Rise in April

Mortgage rates continued to increase in April as ceasefire negotiations remain inconclusive. According to Freddie Mac, the 30-year fixed-rate mortgage averaged 6.34% in April, 16 basis points (bps) higher than March.

Workforce Development

May 05, 2026

Philadelphia BIA Member Shifts How Local Community Views the Trades

For Jordan Parisse-Ferrarini, a member of the Building Industry Association of Philadelphia, a career that began with his family’s small business and tools from a pawn shop has flourished into multiple companies, numerous advisory roles and a passion for developing the next generation of skilled trades professionals.

View all

Latest Economic News

Economics

May 04, 2026

Mortgage Rates Climb as Inflation Rebounds and Yields Rise

Mortgage rates continued to increase in April as ceasefire negotiations remain inconclusive. According to Freddie Mac, the 30-year fixed-rate mortgage averaged 6.34% in April, 16 basis points (bps) higher than March. The average 15-year rate also increased by 13 bps to 5.69%. Despite the recent increase, both rates remain lower than a year ago by 39 bps and 21 bps, respectively.

Economics

May 01, 2026

Student Housing Construction Investment Holds Steady in the First Quarter of 2026

Private fixed investment in student dormitories edged up 0.1% in the first quarter of 2026, holding at a seasonally adjusted annual rate (SAAR) of $3.9 billion. This modest gain marked a third consecutive quarterly increase, despite continued pressures from elevated interest rates. However, on a year-over-year basis, investments in dorms remained almost unchanged.

Economics

Apr 30, 2026

Housing’s Share of GDP Dips Below 16% for First Time Since 2019

Housing’s share of the economy was 15.9% in the first quarter of 2026, according to the latest estimates of GDP produced by the Bureau of Economic Analysis. This share is down from 16.0% in the fourth quarter and is lower than 16.5% registered just one year ago.