Cases & Deals

National Association of REALTORS® files Supreme Court amicus brief in takings case

Client(s) National Association of REALTORS®, Minnesota REALTORS, American Property Owners Alliance

Jones Day filed an amici curiae brief in the Supreme Court on behalf of the real estate industry in a Takings Clause case challenging Minnesota's tax-foreclosure law, which allows the government to seize a homeowner's property to satisfy a government debt and keep any surplus from the sale in excess of the debt owed as a windfall. The real estate industry supports the property owner's entitlement to the surplus equity, arguing the state statute effectuates an unconstitutional taking of private property under the Fifth Amendment. The brief urges the Supreme Court to reject problematic state foreclosure statutes in favor of upholding constitutionally protected private property rights. The brief also contextualizes Minnesota's foreclosure regime against the backdrop of other emerging threats to property rights, including eviction moratoria and rent-control regimes.

Tyler v. Hennepin County, No. 22-166 (U.S.)