Illegal Taking – “Massachusetts Has a Problem: the Unconstitutionality of the Tax Deed”

PLF Logo

Local governments have perverse incentives to steal your property.

Ending Home Equity Theft | Pacific Legal Foundation

Several of our sister States have determined that excess value from a tax taking must be made available to the taxpayer as a matter of constitutional law. See, e.g., Thomas Tool Servs., Inc. v. Croydon, 145 N.H. 218, 220, 761 A.2d 439 (2000) (tax lien procedure resulting in equity windfall to purchaser of tax deed violated takings clause of New Hampshire Constitution); Bogie v. Barnet, 129 Vt. 46, 55, 270 A.2d 898 (1970) (retention of excess value by town amounts to unlawful taking for public use without compensation contrary to Vermont Constitution).

Leave a Reply

Your email address will not be published. Required fields are marked *