Amicus Curiae Brief — Geraldine Tyler, Petitioner v. Hennepin County, Minnesota, et al.

Supreme Court briefApr 5, 2023

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Text

No. 22-166

In the

Supreme Court

of the United States

______________

Geraldine Tyler,

v.

Petitioner,

Hennepin County, Minnesota, et al.,

Respondents.

______________

ON WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

______________

BRIEF OF THE ASSOCIATION OF MINNESOTA

COUNTIES (AMC), MINNESOTA ASSOCIATION

OF COUNTY LAND COMMISSIONERS (MACLC),

MINNESOTA ASSOCIATION OF COUNTY

OFFICERS (MACO), AND MINNESOTA

ASSOCIATION OF ASSESSING OFFICERS (MAAO)

AS AMICI CURIAE IN SUPPORT OF

RESPONDENTS HENNEPIN COUNTY,

MINNESOTA, ET AL.

______________

Jay T. Squires

Counsel of Record

Michael J. Ervin

RUPP, ANDERSON, SQUIRES,

WALDSPURGER & MACE, P.A.

333 South Seventh Street, Suite 2800

Minneapolis, MN 55402

(612) 436-4300

jay.squires@raswlaw.com

Attorneys for Amici Curiae

2023 - Bachman Legal Printing n (612) 339-9518

i

TABLE OF CONTENTS

INTERESTS OF THE AMICUS ................................. 1

SUMMARY OF ARGUMENT..................................... 3

ARGUMENT ............................................................... 5

I.

PETITIONER ADVOCATES A RESULT

THAT WOULD CREATE PRACTICAL

PROBLEMS AND IMPOSE AN UNDUE

BURDEN ON MINNESOTA COUNTIES. ..... 5

A. Petitioner conveniently overlooks the fact

that most tax forfeitures result in a

substantial loss. .......................................... 5

B. Petitioner proposes a result in this case

that could force Minnesota counties into

the role of de facto realtor, agent, and title

examiner for delinquent taxpayers; creates

unanswered questions; and would have

devastating financial ramifications for

counties. .................................................... 14

C. Petitioner proposes a result that would

permit property owners to walk away from

financial liabilities and leave others

holding the bag.......................................... 17

II.

THIS COURT SHOULD NOT INTERFERE

WITH THE CAREFULLY CRAFTED,

COMPLEX LEGISLATIVE SYSTEM AT

ISSUE IN THIS CASE................................... 19

ii

III. PROPERTY OWNERS FACING TAX

FORFEITURE IN MINNESOTA HAVE

MANY OPPORTUNITIES TO RETAIN

THEIR PROPERTY. ...................................... 29

A. Minnesota Statutes provide property

owners with several opportunities to avoid

forfeiture and maintain their equity. ....... 30

B. Programs also exist at the state and local

level that are designed to help property

owners retain their properties. ................ 35

CONCLUSION .......................................................... 38

iii

TABLE OF AUTHORITIES

Cases

Am. Trucking Associations, Inc. v. Smith,

496 U.S. 167 (1990) ............................................... 16

Automatic Art, L.L.C. v. Maricopa Cty.,

2010 WL 11515708 (D. Ariz. Mar. 18, 2010) ........ 26

Baker Botts L.L.P. v. ASARCO LLC,

576 U.S. 121 (2015) ............................................... 27

Balthazar v. Mari Ltd.,

301 F. Supp. 103 (N.D. Ill. 1969) .......................... 27

City of Auburn v. Mandarelli,

320 A.2d 22 (Me. 1974) ......................................... 27

City of Pittsburgh v. Alco Parking Corp.,

417 U.S. 369 (1974) ............................................... 22

Dobbs v. Jackson Women’s Health Org.,

142 S. Ct. 2228 (2022) ....................................... 4, 20

Epic Sys. Corp. v. Lewis,

138 S. Ct. 1612 (2018) ............................... 20, 21, 28

Harlow v. Fitzgerald,

457 U.S. 800 (1982) ............................................... 16

King v. Burwell,

576 U.S. 473 (2015) ................................... 20, 22, 23

Minnesota Automatic Merch. Council v. Salomone,

682 N.W.2d 557 (Minn. 2004) ......................... 21, 22

iv

Minnesota Automatic Merch. Council v. Salomone,

682 N.W.2d 557 (Minn. 2004) ............................... 21

Minnesota v. Clover Leaf Creamery Co.,

449 U.S. 456 (1981) ............................................... 20

Nelson v. City of New York,

352 U.S. 103 (1956) ......................................... 13, 25

Patchak v. Zinke,

138 S. Ct. 897 (2018) ............................................. 20

Pereida v. Wilkinson,

141 S. Ct. 754 (2021) ............................................. 21

Reinmiller v. Marion Cty., Oregon,

2006 WL 2987707 (D. Or. Oct. 16, 2006).............. 27

State ex rel. S. Bank v. Pilsbury,

105 U.S. 278 (1881) ............................................... 21

Wasiluk v. City of Oneida, New York,

2022 WL 3716279, (N.D.N.Y. 2022) ..................... 26

Ysleta Del Sur Pueblo v. Texas,

142 S. Ct. 1929 (2022) ........................................... 20

Ziglar v. Abbasi,

582 U.S. 120 (2017) ................................... 13, 22, 24

Constitutional Provisions

Minn. Const. Art. 10 § 1............................................ 21

U.S. Const., Art. I § 8, cl. 1 ....................................... 21

v

Statutes

Minn. Stat. § 13.03 ...................................................... 7

Minn. Stat. § 82.67 .................................................... 14

Minn. Stat. § 279.02 .................................................. 31

Minn. Stat. § 280.01 .................................................. 31

Minn. Stat. § 280.41 .................................................. 31

Minn. Stat. § 281.01 .................................................. 31

Minn. Stat. § 281.02 .................................................. 31

Minn. Stat. § 281.17 .................................................. 31

Minn. Stat. § 281.18 .................................................. 33

Minn. Stat. § 281.23 .................................................. 31

Minn. Stat. § 281.37 .................................................. 32

Minn. Stat. § 282.01 ............................................ 14, 33

Minn. Stat. § 282.01 .................................................. 14

Minn. Stat. § 282.07 .................................................. 17

Minn. Stat. § 282.08 .................... 19, 23, 24, 27, 28, 34

Minn. Stat. § 282.241 ................................................ 32

Minn. Stat. § 290B.05 ............................................... 35

vi

Minn. Stat. § 290B.07 ............................................... 35

Minn. Stat. § 290B.08 ............................................... 35

Other Authorities

Brief History, Minnesota Association of County Land

Commissioners,

https://www.mncountylands.org/brief-history (last

visited March 23, 2023)......................................... 15

David Chanen, Hennepin County’s Navigator

Program helps delinquent taxpayers keep their

homes, Star Tribune, April 2, 2019 ................ 30, 36

H.F. 1552 § 2, 92nd Leg. (2021) .......................... 27, 28

H.F. 1929 § 1, 92nd Leg. (2023) ................................ 28

H.F. 2162 § 1, 92nd Leg. (2021) .......................... 27, 28

H.F. 2812 § 2, 93rd Leg. (2023) ................................ 28

Resident and Real Estate Services/Human Services

Navigator, National Association of Counties (May

1, 2018), https://www.naco.org/resources/awardprograms/resident-and-real-estate-serviceshumanservices-navigator ................................................. 36

Town of Oxford v. John A. Smith, 101 Mass. App. Ct.

1104 (Dkt. No. 18 filed 3/10/2022) ........................ 12

S.F. 908 § 1, 92nd Leg. (2021) .................................. 27

1

INTERESTS OF THE AMICUS

The Association of Minnesota Counties

(“AMC”) is a Minnesota-based, non-partisan,

statewide organization comprised of officials from

Minnesota’s 87 counties. AMC’s ultimate goal is to

ensure that Minnesota counties provide efficient,

effective, and high-quality governance to the people

of Minnesota. AMC provides educational programs,

training, research, and communications to county

officials.

It works closely with the Minnesota

Legislature and the state’s administrative branches

to ensure the state adopts and, as appropriate,

amends legislation and policies that allow

Minnesota’s 87 counties to serve their constituents

well.

The Minnesota Association of County Land

Commissioners (“MACLC”) is an association of

fifteen rural counties in northern Minnesota.

MACLC’s mission is to ensure that land—primarily

tax-forfeited forest land—is well-managed for the

benefit of Minnesota residents. Member counties

manage lands held in trust by the State of

Minnesota.

Though not directly owned by the

member county, these “worthless lands nobody

wanted” are classified, managed, and controlled by

the county land departments where the lands are

located. MACLC members manage tax-forfeited land

to ensure that it is suitable for tourism and

recreation; that it provides a viable habitat for the

state’s wildlife and plant populations; and that

commercially-viable and harvestable forest lands are

sustainably preserved after a forfeiture.

2

The Minnesota Association of County Officers

(“MACO”) is comprised of Minnesota county auditors,

treasurers, recorders, financial officers, and

registrars of title. All 87 Minnesota counties are

members. MACO is comprised of the Minnesota

Association of County Auditors, Treasurers, and

Finance Officers (“MACATFO”) and the Minnesota

County Recorders Association (“MCRA”). MACO

promotes statewide uniformity in the practices and

procedures of county officers, and works to ensure

the state’s property tax system is understandable

and equitable to taxpayers and local taxing

authorities.

The Minnesota Association of Assessing

Officers (“MAAO”) exists to support local assessors,

deputy assessors, and appraisers across the State of

Minnesota. MAAO promotes excellence in property

appraisal and assessment administration across the

state. It supports a property tax system that is

understandable and transparent to taxpayers; treats

all taxpayers in a consistent, fair, and equitable

manner; and ensures a stable and reliable source of

revenue for local taxing authorities.

AMC’s, MACLC’s, MACO’s, and MAAO’s

interest in this case stems from the fact that the laws

and issues in the case are not unique to Hennepin

County, Minnesota. Minnesota’s property tax laws

in general, and the tax-forfeiture provisions at issue

in this case in particular, affect all of Minnesota’s 87

counties. Under Minnesota state law, counties are

tasked with administering the state’s tax-forfeiture

process.

The laws and issues in the case are

particularly important to northern Minnesota

counties, who are responsible for managing vast

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swaths of unwanted, tax-forfeited forest lands.

Because this case involves important questions

related to the state’s property-tax system, it has

statewide implications. AMC, MACLC, MACO, and

MAAO are filing this amicus brief on behalf of all of

Minnesota’s 87 counties to ensure that the Court

considers the perspective of all of Minnesota’s

counties in deciding this case.

SUMMARY OF ARGUMENT

Petitioner asks the Court, in essence, to rewrite Minnesota’s tax-forfeiture system. Petitioner,

however, fails to contemplate or address many of the

numerous issues and practical consequences that

would arise if the Court chooses to do so. Petitioner’s

overly-simplistic proposed solution creates many

unanswered questions, which are overlooked entirely

in Petitioner’s brief. The Court should take note of

those practical consequences in assessing the merits

of Petitioner’s claims.

Minnesota’s property tax system is a large,

complex, and finely-tuned system.

The system

balances a number of interests, both public and

private. The system reflects the policy objectives of

the Minnesota Legislature. Petitioner invites the

Court to focus on just one small piece of the state’s

large, complex, and finely-tuned system, and to

declare that piece invalid. Separation of powers

principles and principles of comity—repeatedly

affirmed by this Court—counsel against such

involvement. The Minnesota Legislature has been

delegated the power to tax, and to balance the

equities and interests involved with a complex

legislative system like the one at issue in this case.

4

If the system is inequitable, it is the job of the

Minnesota Legislature—not the judiciary—to change

it. As this Court just recently confirmed in Dobbs v.

Jackson Women’s Health Org., “courts cannot

substitute their social and economic beliefs for the

judgment of legislative bodies[,]” and “respect for a

legislature’s judgment applies even when the laws at

issue concern matters of great social significance.”

142 S. Ct. 2228, 2284 (2022).

Petitioner would have the Court believe that

Minnesota’s tax-forfeiture system needs revision

because it is inequitable. Petitioner infers that the

objective of Minnesota’s 87 counties is to pursue tax

forfeiture “windfalls.”

That simply is not true.

Contrary to Petitioner’s claim, the primary goal of

the tax-forfeiture process is to avoid forfeitures. This

is reflected in the statutory tax-forfeiture system,

which provides multiple opportunities for property

owners to remain in and retain their properties. It is

also evident from the fact that the State of

Minnesota and local government entities (including

Hennepin County) have programs in place to assist

property owners facing tax forfeiture. Only when

they fail to take advantage of the multitude of

options available to them will one of Minnesota’s 87

counties pursue final tax-forfeiture. In such cases, a

county’s goal is to bring finality to the tax-forfeiture

process, and to return property to productive use, not

to secure a “windfall.”

5

ARGUMENT

I.

PETITIONER ADVOCATES A RESULT

THAT WOULD CREATE PRACTICAL

PROBLEMS AND IMPOSE AN UNDUE

BURDEN ON MINNESOTA COUNTIES.

Petitioner offers up what she asserts is a

simple solution to the purported problem at issue in

this case: Return the surplus proceeds from a taxforfeiture sale to the property owner whose property

has been forfeited. Petitioner’s approach is overly

simplistic. It overlooks the fact that most taxforfeiture sales do not result in a surplus and,

instead, result in a substantial loss. It fails to

account for many of the practical issues that would

arise if the Court were to accept Petitioner’s

proposed solution.

It leaves many unanswered

questions concerning how the system would work in

practice. And it would create the opportunity for

property owners to abuse the system. The Court

should take note of these practical issues in

considering the consequences and implications of

Petitioner’s arguments. The questions Petitioner

leaves unanswered reinforce the fact that

Minnesota’s Legislature—and not this Court—is in

the best position to modify Minnesota’s taxforfeiture system if it believes that doing so is

necessary. See infra, Section II.

A.

Petitioner conveniently overlooks the fact

that most tax forfeitures result in a

substantial loss.

The case presently before the Court involved a

tax forfeiture that allegedly (but without supporting

6

evidence in the record) yielded excess proceeds. 1 Not

every tax forfeiture, however, yields excess proceeds.

In a limited number of cases, a county may decide

not to sell a property. In that case there are no

proceeds and, additionally, the county collects no

property taxes. If a county does decide to sell the

property following a tax forfeiture, the property may

not sell. And, if it does sell, many sales result in a

substantial net loss.

Petitioner, at pages 28–29 of her brief, offers a

number of cherry-picked examples from other states

of alleged extreme loss of equity resulting from taxforfeiture sales. In evaluating the present case, the

Court should look beyond Petitioner’s out-of-state

examples before the Court, which do not tell the full

tax-forfeiture story, particularly in Minnesota. The

Court should be cognizant of the fact that many tax

forfeitures create a substantial burden to

Minnesota’s counties and, ultimately, result in a net

loss. It does not take a leap of faith to conclude

that—more often than not—tax-forfeited properties

are poorly maintained and dilapidated, or have

environmental or other problems.

The following recent examples of tax forfeiture

situations—drawn directly from the experiences of

Minnesota counties—tell the other side of the story.

They demonstrate that tax forfeitures frequently

create a substantial burden and result in a net loss

Petitioner conveniently overlooked the fact that her

property was encumbered by substantial private debt that

likely exceeded the amount of surplus proceeds recouped as a

result of Hennepin County’s tax-forfeiture sale. See Resp’s Br.

at 12.

1

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for the counties who inherit the tax-forfeited

property. 2

The first example arose from the forfeiture of a

residential property in Pengilly, Minnesota, which is

in Itasca County, Minnesota. The property was

subject to tax forfeiture in 2020. Taxes, penalties,

and interest owed at the time of forfeiture amounted

to $3,179.35. The following are photographs of the

property taken by the county before the property was

forfeited:

The examples below are derived from publicly-available

records provided by Itasca County and St. Louis County,

Minnesota. They are available by making a data request of

either county, see Minn. Stat. § 13.03, and/or by a conducting a

title search of the properties. The property identification

numbers (“PIDs”) of the three properties referenced below are

18-420-0180; 315-0020-01740, 01750, and 01700; and 87-4101310. These are just three of numerous examples provided to

the undersigned counsel by the counties joining in this amicus.

2

8

After the property was forfeited to Itasca County, the

county incurred $43,999.53 in management costs

associated with the property, including the costs of

demolition, remediation, and upkeep of the property

(e.g., mowing, etc.). The county eventually sold the

property at a public auction in 2022 for $14,900.00.

The county suffered a net loss of $32,278.88,

factoring in the taxes owed and remedial costs

associated with the property.

The second example arose from the forfeiture

of a commercial property in Duluth Township,

Minnesota, which is in St. Louis County, Minnesota.

The property—a former elementary school building

purchased by a private entity—was subject to taxforfeiture in 2016. Taxes, penalties, and interest

owed at the time of forfeiture amounted to

$23,352.46. The following are photographs of the

property taken by the county before the property was

forfeited:

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The property was subject to a significant amount of

trespassing, looting, graffiti, and fire and water

damage after it was abandoned prior to forfeiture;

and the building’s roof had failed and was open to the

elements for many years.

Large quantities of

10

abandoned personal property and illegal dumping

(e.g., appliances, tires, vehicle parts, mattresses,

demo and construction debris, food waste, etc.) had

accumulated on the site.

The county incurred

$95,310.33 in clean-up, remediation, and demolition

costs. The property sold at a public auction for

$62,433.00 in 2019. The county incurred a net loss of

$56,229.79 on the property when accounting for the

taxes owed and remedial costs.

Another example involves the forfeiture of

commercial property (i.e., a former gas station) in the

City of Calumet, which is in Itasca County,

Minnesota. The following is a photograph of the

property taken by the county around the time of

forfeiture in 2014:

$19,551.33 was owed in taxes, penalties, and interest

at that time. Itasca County subsequently removed a

storage

tank

on

the

property,

incurring

approximately $22,441.00 in property management

11

costs, which were partially offset by a grant from the

Minnesota Department of Health. The following is a

photograph showing removal of the tank:

After forfeiture in 2014 and an investigation by the

Minnesota Pollution Control Agency (“MPCA”) into

pre-forfeiture petroleum release (which occurred

while the tanks were still privately owned), it was

determined that a complete excavation and cleanup

of the property was necessary. The former property

owner has since walked away from all liability for

the site, leaving it to the government to clean up the

mess. To date, approximately $1,007,373.71 has

been

spent

to

complete

contaminated-soil

investigation and clean-up work. Additional work

remains before the property can be sold.

The above-referenced examples provide a

counter-narrative to the circumstances at issue in

the case before the Court. They highlight the other

side of the tax-forfeiture coin, which Petitioner omits

entirely from her brief. To be sure, it does not

require a great leap of deduction to conclude that

stories like these are far more prevalent and common

than the extreme examples set forth in pages 28–29

12

of Petitioner’s brief. 3 The examples show that, in

many cases, counties shoulder a substantial burden

as a result of administration of the tax-forfeiture

process, incurring clean-up, remediation, demolition,

and upkeep costs as a direct result of their

statutorily-mandated tax-forfeiture duties.

The

examples highlight the fact that these costs can be

substantial, well more than the value of the property

itself, and that counties frequently suffer a net loss

as a result of tax-forfeiture proceedings.

Petitioner’s

proposed

solution—returning

surplus proceeds from a tax-forfeiture sale to the

property owner whose property has been forfeited

but leaving the other side of the forfeiture scheme

untouched—would ensure that Minnesota counties

and local taxing districts suffer a net loss as a result

of tax-forfeiture proceedings.

Any time a taxforfeited property is sold and yields surplus proceeds,

a county would be required to return those proceeds

to a property owner, leaving nothing for the county

and local taxing districts. Any time a tax-forfeited

property is sold and results in a net loss, the county

In his amicus curiae brief, Professor Ralph D. Clifford

asserts—based on purported data from Massachusetts—that

Minnesota takes in a net surplus in tax-forfeiture proceeds each

year. See Br. of Amicus Curiae Ralph D. Clifford, at 3–4.

Professor Clifford’s assertion is unreliable given his

acknowledgment that “data from Minnesota [were] not

available” to support his assertion. Moreover, the dependability

of the data relied upon by Professor Clifford to make his

assertion have been called into question in a Massachusetts

case involving the same basic issue in the present case. See

Response to Amicus brief filed for Town of Oxford by Attorney

Peter Brown at 15–24, Town of Oxford v. John A. Smith, 101

Mass. App. Ct. 1104 (Dkt. No. 18 filed 3/10/2022).

3

13

and local taxing districts would be required to eat the

loss, and the property owner who quit paying their

taxes would walk away scot-free.

Petitioner’s

proposed solution is in fact inequitable to

Minnesota’s counties, local taxing districts, and

Minnesota residents, and would ensure that they

suffer a perpetual loss on tax-forfeiture proceedings.

Stepping back and looking at the complete taxforfeiture landscape, it is evident there may be

occasional situations where one might assert that the

equities lie with the property owner. In many other

cases—like those described above—the equities lie

with the municipality that gets stuck with a blighted

property following a tax forfeiture. In situations that

thus require the balancing of the equities between

landowners, local taxing authorities, and residents of

the state as a whole, the Minnesota Legislature—and

not this Court—is in the best position to modify

Minnesota’s tax-forfeiture system if it believes doing

so is necessary. See Ziglar v. Abbasi, 582 U.S. 120,

135–36 (2017) (“When an issue involves a host of

considerations that must be weighed and appraised,

[legislative questions] should be committed to those

who write the laws rather than those who interpret

them.”); Nelson v. City of New York, 352 U.S. 103,

111 (1956) (“[R]elief from the hardship imposed by a

state statute is the responsibility of the state

legislature and not of the courts.”).

14

B.

Petitioner proposes a result in this case

that could force Minnesota counties into

the role of de facto realtor, agent, and

title examiner for delinquent taxpayers;

creates unanswered questions; and would

have devastating financial ramifications

for counties.

Another practical issue that would arise from

Petitioner’s proposed solution to the alleged infirmity

of Minnesota’s tax-forfeiture system is that it would

force Minnesota’s counties into the role of agent for

previous owners of forfeited properties. Minnesota

counties would, in essence, become a property

owner’s de facto realtor, acting for the benefit of the

property owner. That would create a host of issues

and questions for Minnesota counties. For example,

would Minnesota counties have fiduciary obligations

to property owners when selling tax-forfeited

properties? Under Minnesota law, realtors owe a

fiduciary duty to their clients. See Minn. Stat.

§ 82.67, subd. 3 (describing six fiduciary duties).

Most importantly, they must “act only in [the]

client(s)’ best interest.” Id.

Petitioner fails to specify whether and how

that duty would apply in the tax-forfeiture context.

Would Minnesota counties be required to pursue

maximum value for forfeited properties? How would

value be determined, given that tax-forfeited

properties generally sell for far less than non-taxforfeited properties because of their neglected state?

What if the county sold the property for less than it

was worth (or transferred it to another

municipality)? See Minn. Stat. § 282.01, subd. 1a(d)(e). Would the county be liable to make up the

15

difference? What if a county is unable to sell taxforfeited property at all, and is thus forced to retain

the property? Would property owners be entitled to

anything under those circumstances? If so, how

would the amount of compensation be determined?

And what if a county decided to retain a taxforfeited property for a number of years, only to sell

it later? When Minnesota’s tax forfeiture laws were

established in 1935, there were nearly eight million

acres of tax-forfeited lands in the state. Much of the

land tax-forfeited to the state nearly one-hundred

years ago was retained by northern Minnesota’s

counties for public use. See Brief History, Minnesota

Association of County Land Commissioners,

https://www.mncountylands.org/brief-history

(last

visited March 23, 2023). What if a county decides to

sell land that was forfeited to the state one-hundred

years ago? Are the heirs of a long-deceased property

owner entitled to all excess proceeds, even those

resulting from one-hundred years of the county’s

land-stewardship

efforts

and

property-value

appreciation? What if the property owner has no

descendants? What if it is unclear or there is a

dispute as to who has good legal title to the property?

Does a county have an obligation to go out of its way

to identify who is entitled to excess proceeds under

those circumstances?

If the Court adopts Petitioner’s position and

relief is afforded to Petitioner and others

retroactively, the financial ramifications for

Minnesota counties would be devastating. Counties

across the State of Minnesota—and in other states

that have adopted similar tax-forfeiture laws—

undoubtedly will face a glut of lawsuits by property

16

owners whose properties were previously subject to

tax forfeiture. The financial impact of litigating

these claims and paying surplus proceeds—if there

are any—would be substantial given the number of

tax forfeitures that occur each year. Given that this

Court already sustained a substantially similar taxforfeiture scheme in Nelson (discussed below),

affording Petitioner and others retroactive relief

would be inequitable, and have devastating

consequences for Minnesota counties.

Cf. Am.

Trucking Associations, Inc. v. Smith, 496 U.S. 167,

179–83 (1990) (noting opinion declaring tax

unconstitutional would not apply retroactively

because that would “severely burden[] the

[government’s] operations” and because it would be

“unjust to impose this burden when the [government]

relied on valid, existing precedent in enacting and

implementing its tax”); Harlow v. Fitzgerald, 457

U.S. 800, 818 (1982) (holding that officials are

shielded from liability for civil damages insofar as

their conduct does not violate clearly-established,

known constitutional rights).

For the above reasons, the practical

implications of Petitioner’s proposed solution are

expansive. The financial and social ramifications

would be devastating for Minnesota counties.

Petitioner’s proposed solution would also create a

host of new questions that will go unanswered if the

Court adopts Petitioner’s simplistic solution. The

fact that devastating financial and social

consequences may occur, and that so many new

questions are created by Petitioner’s proposed

solution, confirms that the legislature, and not this

Court, is best-suited to consider competing interests,

17

and other social and political considerations, and to

address and correct Minnesota’s tax-forfeiture

system if it believes that is necessary. See infra,

Section II.

The legislative process invites the

opportunity to address the impacts of any significant

change in the law. It invites discussion of the type of

questions posed in this section—and would allow the

legislature to address them as part of its deliberative

process—before making a change to the law that

would have serious implications for property owners

and local taxing authorities alike.

C.

Petitioner proposes a result that would

permit property owners to walk away from

financial liabilities and leave others

holding the bag.

Another practical problem created by

Petitioner’s proposed solution is that it creates the

potential for abuse by property owners who were

subject to tax forfeiture. Suppose a property owner

hired a contractor to make improvements to the

property, and then fell into tax-forfeiture and did not

pay the contractor. Or suppose that the property

owner lived in a condominium, owed homeowners

association (“HOA”) dues, and stopped paying them.

That is precisely what happened in this case.

Under Petitioner’s proposed system, the

contractor’s lien against the property would be

cancelled after the tax-forfeiture. See Minn. Stat.

§ 282.07. So would any debt owed to the HOA. Yet

the property owner would then still be entitled to the

proceeds of a tax-forfeiture sale, which would not be

subject to the contractor’s lien or any HOA dues.

That system is inequitable to the contractor and to

18

the HOA, and would in fact provide a windfall to the

property owner. It would leave the contractor or

HOA holding the bag; it would allow manipulation of

the system by the property owner.

Petitioner fails to acknowledge or address any

of the potential practical issues identified above. She

fails to acknowledge the potential consequences of

her proposed solution. While Petitioner overlooks

these potential practical consequences—instead

focusing solely on the self-serving singular issue of

whether she is entitled to proceeds after the county

puts in the time and effort associated with conveying

the property—this Court should not do so. This

Court should be cognizant of the fact that, if it rules

in Petitioner’s favor, it would impose vast and far

reaching undue burdens and new duties on

Minnesota’s counties, and create opportunities for

property owners to abuse Minnesota’s tax-forfeiture

system.

The fact that Petitioner’s proposed solution

creates so many questions, and leaves so many issues

unresolved, leads back to the conclusion that the

statute and broader legislative system at issue in

this case is not a system for the judiciary to address.

Rather, it is a small part of a complex legislative

system. Separation of powers principles dictate

judicial restraint.

19

II.

THIS COURT SHOULD NOT INTERFERE

WITH THE CAREFULLY CRAFTED,

COMPLEX LEGISLATIVE SYSTEM AT

ISSUE IN THIS CASE.

Minnesota Statutes include fifteen chapters on

property taxes. See Minn. Stat. Chs. 272–289. One

entire chapter, with sixty-three sections, is devoted

to the process for tax-forfeited land sales. See Minn.

Stat. Ch. 282. The focus of this case is on just one of

those sixty-three sections—Minnesota Statutes

section 282.08. Petitioner asks the Court to put on

blinders and analyze that one section in a vacuum.

But such an analysis ignores the forest for the sake

of the tree. Minnesota Statutes section 282.08 is

part of a large and complex property-tax system.

The Minnesota Legislature carefully crafted the

system, and continues to fine-tune it to meet the

needs of all Minnesotans.

This Court’s prior rulings establish that the

Court gives deference to state legislatures—

particularly when it comes to issues of taxation—in

order to preserve the separation of powers. This

Court gives substantial deference to the legislative

judgments involved in crafting complex legislative

systems for the same reason. This case involves both

issues of taxation and a complex legislative system.

Separation of powers principles counsel against the

Court’s involvement in overturning the legislative

judgments at issue in this case.

Separation of powers principles demand that

the Court defer to legislative judgments because the

legislative branch is vested with the power and “duty

to make laws.” Patchak v. Zinke, 138 S. Ct. 897, 904

20

(2018). The judicial branch, by contrast, is vested

with the “duty of interpreting and applying them.”

Id. The two branches defer to one another when they

are operating in their own spheres. As stated by this

Court in the case of King v. Burwell, “[I]n every case

[the judicial branch] must respect the role of the

Legislature, and take care not to undo what it has

done.” 576 U.S. 473, 498 (2015); see also Minnesota

v. Clover Leaf Creamery Co., 449 U.S. 456, 469 (1981)

(“[I]t is up to legislatures, not courts, to decide on the

wisdom and utility of legislation.”). The basis for

judicial deference is well-stated in Epic Sys. Corp. v.

Lewis: “Allowing judges to pick and choose between

statutes risks transforming them from expounders of

what the law is into policymakers choosing what the

law should be. . . . [I]t’s the job of Congress by

legislation, not this Court by supposition, both to

write the laws and to repeal them.” 138 S. Ct. 1612,

1624 (2018).

Just recently, this Court confirmed its

reluctance to wade into controversial, state-specific

legislative determinations, even when they implicate

the United States Constitution.

See Dobbs v.

Jackson Women’s Health Org., 142 S. Ct. 2228

(2022). As the Court noted in Dobbs, “[C]ourts

cannot substitute their social and economic beliefs

for the judgment of legislative bodies.” Id. at 2284.

The Court further noted, “[R]espect for a legislature’s

judgment applies even when the laws at issue

concern matters of great social significance . . . .” Id.

Taxation—which affects every American nearly

every day in one form or another—is undoubtedly a

“matter of great social significance.” See also Ysleta

Del Sur Pueblo v. Texas, 142 S. Ct. 1929, 1943 (2022)

21

(“It is not our place to question whether Congress

adopted the wisest or most workable policy.”);

Pereida v. Wilkinson, 141 S. Ct. 754, 766–67 (2021)

(“It is hardly this Court’s place to pick and choose

among competing policy arguments like these along

the way to selecting whatever outcome seems to us

most congenial, efficient, or fair. Our license to

interpret statutes does not include the power to

engage in such freewheeling judicial policymaking.”).

The need for deference in this case is

important because the case involves the Minnesota

Legislature’s power to tax. The power to tax has

been expressly delegated to the federal and state

legislatures—under both the United States

Constitution and the Minnesota Constitution. See

U.S. Const., Art. I § 8, cl. 1 (“The Congress shall have

Power To lay and collect Taxes”); State ex rel. S.

Bank v. Pilsbury, 105 U.S. 278, 299 (1881) (noting

“the power of taxation belongs exclusively to the

legislative department of the government”); Minn.

Const. Art. 10 § 1. Courts give special deference to

the legislature on matters of taxation. The special

deference that the judiciary affords to the legislative

branch on matters of taxation was well-stated by the

Minnesota Supreme Court in the case of Minnesota

Automatic Merch. Council v. Salomone, where the

court noted, “[C]ourts are very deferential in their

review of tax legislation” because “taxation policy is

peculiarly a legislative function, involving political

give-and-take.” 682 N.W.2d 557, 561–62 (Minn.

2004).

This Court reached the same basic conclusion

as the Minnesota Supreme Court in City of

Pittsburgh v. Alco Parking Corp. 417 U.S. 369, 376

22

(1974). Alco Parking involved a legal challenge that

is very similar to the legal challenge at issue in this

case. A property owner, like Petitioner in this case,

argued that a tax imposed by a city ordinance

amounted to an unconstitutional taking because it

was inequitable (i.e., “excessive” and “burdensome”).

Id. The Court declined to get involved in the matter

noting, “[The] judiciary should not infer a legislative

attempt to exercise a forbidden power in the form of

a seeming tax from the fact, alone, that the tax

appears excessive.” Id. The principle established in

Salomone and Alco Parking is clear. Courts—at the

highest level and under both the federal and state

constitutions—give great deference to legislative

judgments on issues of taxation in order to preserve

the separation of powers.

In this case, as in

Salomone and Alco Parking, this Court must give

deference to legislative decisions concerning the

Minnesota Legislature’s power to tax, and

Minnesota’s tax-forfeiture scheme in particular.

Deference to the legislature is also particularly

important in this case because it involves a complex

legislative scheme. As this Court noted in Ziglar,

“When an issue involves a host of considerations that

must be weighed and appraised, [legislative

questions] should be committed to those who write

the laws rather than those who interpret them.” 582

U.S. at 135–36. The case of King v. Burwell is

instructive in understanding the need for deference

in matters involving a complex legislative scheme

like those at issue in this case. 576 U.S. 473 (2015).

The King case involved a challenge to the Affordable

Care Act (“ACA”), undoubtedly a complex legislative

scheme. See 576 U.S. at 478. This Court was asked

23

to hone in on just one portion of the ACA, to consider

it in isolation, and to declare that portion invalid.

See id. at 497. The Court refused to do so. See id.

Instead of looking at the section in isolation, the

Court looked to “the broader structure of the Act”

(i.e., the legislative scheme), and how all of the ACA’s

moving parts fit together. Id. at 492. The Court

determined that, while the meaning of the section

“may seem plain when viewed in isolation, such a

reading turns out to be untenable in light of [the

statute] as a whole.” Id. at 497.

The King case stands for the proposition that

courts—including this Court—do not look at small

portions of a complex legislative scheme in isolation.

Rather, they look at the broader structure of the

legislation to determine the legislature’s overarching

purpose. The Court then gives deference to the

legislative scheme to ensure the legislature’s

overarching purpose can be achieved. That is the

only way for the Court to honor the intentions of the

legislature, and to preserve the separation of powers

inherent in our system of government and

governance.

In this case, as in the King case, Petitioner

invites the Court to hone in on just one section of

Minnesota’s large and complex property taxforfeiture system, and to declare it invalid. In this

case, as in King, the Court should decline Petitioner’s

invitation. Minnesota Statutes section 282.08 is part

of the Minnesota Legislature’s broader scheme

governing property taxes in Minnesota.

The

ultimate goal of the scheme is to bring finality after a

property owner fails to pay his or her property taxes.

The system ensures that property is returned to

24

productive use following a tax-forfeiture. Funds from

a tax forfeiture sale may also be used to make

improvements to the forfeited property; to pay off

special assessments; to develop and improve forest

lands; and/or to acquire and maintain county parks

or recreational areas. See Minn. Stat. § 282.08.

Funds also go towards the administrative costs

associated with administering the tax-forfeiture

system as a whole.

In short, the Minnesota Legislature has

developed a legislative scheme that, in its judgment,

is in the best interests of the citizens of the State of

Minnesota. The Court must not contravene the will

and determination of the Minnesota Legislature

through judicial action. Instead, the Court should

“commit[] to those who write the laws” the complex

legislative scheme at issue in this case, given the

“host of considerations that [were] weighed and

appraised” by the legislature in crafting the system.

See Ziglar, 520 U.S. at 135–36.

If the Court sides with Petitioner it would, in

essence, re-write and throw an isolated wrench into

the legislature’s carefully crafted tax-forfeiture

scheme.

Reversal would affect taxing districts’

ability to bring finality to tax-forfeiture processes by

drawing out the process. It would affect their ability

to make tax-forfeited land productive again. It would

deprive them of funding for property improvements,

forests, public parks, and for the administrative costs

associated with administering the state’s taxforfeiture system. It would create a host of practical

problems that would increase administrative

burdens on government employees. Decisions of that

nature—concerning taxation and the allocation of

25

funding—are best left to the legislature, not the

judiciary.

Petitioner suggests in essence that the Court

should reverse the Eighth Circuit’s unanimous

ruling, and invalidate the Minnesota Legislature’s

chosen tax-forfeiture scheme, because the result in

this case is inequitable. In doing so, Petitioner

overlooks the many avenues she had to avoid taxforfeiture. Petitioner had many opportunities over

several years to avoid tax-forfeiture, and did not take

advantage of them. Petitioner also overlooks the fact

that virtually all tax-forfeiture sales do not result in

a surplus and, instead, result in a substantial loss.

But even setting those considerations aside, the

bottom line is that if there is any inequity in

Minnesota’s tax-forfeiture process, it is the job of the

Minnesota Legislature, and not the Court, to correct

the inequity. Nelson v. City of New York, the most

apposite authority in this case, plainly establishes

that the Court defers to a state legislature on

questions regarding the equity of a tax-forfeiture

system. 352 U.S. 103 (1956).

The Nelson case, like this case, involved a

property owner whose property was subject to tax

forfeiture. Id. at 105. The Nelson case, like this one,

involved a state law that allowed municipalities to

collect the surplus proceeds from a forfeiture sale.

Id.

In this case, as in Nelson, the municipal

government collected surplus proceeds several years

after the initial delinquency, and then only “in the

absence of timely action to redeem or to recovery any

surplus.” Id. at 110. The property owner in Nelson

argued that the law was “harsh,” and that that

“extreme hardships [would] result[] from application

26

of the [law].” Id. at 110–11. The property owner

asked the Court to declare the state law

unconstitutional. See id. This Court declined,

specifically on the basis of the separation of powers.

Id. This Court “h[e]ld that nothing in the Federal

Constitution prevent[ed]” the municipality from

retaining surplus proceeds under the circumstances.

Id. at 110. This Court further noted, “[R]elief from

the hardship imposed by a state statute is the

responsibility of the state legislature and not of the

courts.” Id. at 111.

Nelson plainly establishes—in nearly the exact

same tax-forfeiture context at issue in this case—

that this Court defers to the legislature on issues of

tax-forfeiture policy. This is true even when the

policy yields a result that an affected property owner

may perceive as unfair. Deference on such matters is

the only way to preserve the separation of powers.

Nelson indicates that this Court must give deference

to the Minnesota Legislature with respect to the

statute at issue in this case, regardless of the

perceived equity of the statute at issue.

Notably, following Nelson’s lead, courts in

many jurisdictions have determined that perceived

unfairness is not a valid basis for overturning state

laws governing tax-forfeiture proceedings. See, e.g.,

Wasiluk v. City of Oneida, New York, 2022 WL

3716279, at *13 (N.D.N.Y. 2022) (concluding

“Plaintiff has no constitutional claim for the surplus

equity in his former property”); Automatic Art, L.L.C.

v. Maricopa Cty., 2010 WL 11515708, at *6 (D. Ariz.

Mar. 18, 2010) (“Generally, federal courts have been

unwilling to disturb state taxation schemes and find

constitutional violations.”); Reinmiller v. Marion

27

Cty., Oregon, 2006 WL 2987707, at *3 (D. Or. Oct. 16,

2006) (“This court declines [the] invitation to

overturn settled Oregon tax law. As courts have

stated in response to similar challenges to

disbursement of excess proceeds based on state law

after forfeiture sales, the appropriate forum to raise

these concerns is the state legislature.”); Balthazar v.

Mari Ltd., 301 F. Supp. 103, 106 (N.D. Ill. 1969)

(“[O]ppressive [tax-forfeiture] statutes must be

tempered by the legislature, not the courts.”); City of

Auburn v. Mandarelli, 320 A.2d 22, 33 (Me. 1974)

(“Amelioration of the oppressiveness of [a taxforfeiture] statute must be made, if at all, by the

Legislature, not the courts.”); see also Baker Botts

L.L.P. v. ASARCO LLC, 576 U.S. 121, 134 (2015)

(noting “unwillingness to soften the import of

Congress’ chosen words even if we believe the words

lead to a harsh outcome is longstanding”).

There is good reason for this Court to defer to

the Minnesota Legislature in this case. Multiple

bills were introduced in both chambers of the

Minnesota Legislature during the 2021 legislative

session that addressed Minnesota Statutes section

282.08. See, e.g., H.F. 1552 § 2, 92nd Leg. (2021);

H.F. 2162 § 1, 92nd Leg. (2021); S.F. 908 § 1, 92nd

Leg. (2021). One of the bills would have achieved the

precise legislative fix Petitioner is seeking in this

case. See H.F. 1552. The bill, if it had been enacted,

would have required that “any balance” available

after a tax-forfeiture sale be “returned to the person

or entity that owned the property prior to its

forfeiture.” Id.

Additional legislation addressing Minnesota

Statutes section 282.08 has been proposed in the

28

Minnesota Legislature this year, and is currently

pending. See H.F. 2812 § 2, 93rd Leg. (2023); H.F.

1929 § 1, 92nd Leg. (2023). Under either of the

pending legislative proposals, “any balance [after a

tax-forfeiture sale] must be returned to the person or

entity that owned the property prior to its forfeiture.”

Id. Given the circumstances, there is no need for this

Court to re-write Minnesota Statutes section 282.08

through judicial action. The legislature has the

means to do so at its finger tips if it so chooses. See

Epic Sys. Corp., 138 S. Ct. at 1626 (“Telling, too, is

the fact that when Congress wants to mandate

particular dispute resolution procedures it knows

exactly how to do so.”).

If the Minnesota Legislature believes a

legislative fix is necessary, it will make the fix.

Minnesota’s legislative representatives certainly

know how to make the fix, given the multiple

proposals advanced in the past two legislative

sessions. If the Minnesota Legislature does not

believe a fix is necessary, then it will not make a fix.

The legislature can debate the merits of the

legislative proposals, and their effect on the

legislature’s broader property-tax and tax-forfeiture

schemes. It can discern the will of the people

through a deliberate process, based on feedback from

various stakeholders. It can tweak and modify the

legislation in order to balance the interests of the

citizens of Minnesota. The people can hold its

Minnesota legislators accountable for their final

decision. In light of the fact that the legislature is in

a position to address and “fix” its tax-forfeiture

scheme if its wishes to do so, the Court need not get

29

involved and “fix” the alleged “inequity” in this case

through judicial action.

III.

PROPERTY OWNERS FACING TAX

FORFEITURE IN MINNESOTA HAVE

MANY OPPORTUNITIES TO RETAIN

THEIR PROPERTY.

Petitioner’s brief offers little discussion of the

tax forfeiture process in Minnesota. In fact, the road

to final tax-forfeiture in Minnesota involves multiple

steps, and spans multiple years. Property owners

receive ample notice of the steps in the process. The

road to tax-forfeiture includes numerous statutory

off-ramps designed to help property owners avoid

tax-forfeiture and retain their property and any

equity they may have in it. After final forfeiture

occurs, the Minnesota Statutes offer a repurchase

option to property owners that allows them to get

their properties back in some cases.

The Minnesota Statutes make it abundantly

clear that the objective of Minnesota’s tax-forfeiture

scheme is not to achieve forfeiture and collect an

alleged windfall profit in the process. Rather, the

goal is to keep property owners in their properties

whenever possible. On top of the statutory off-ramps

and repurchase option available to property owners,

programs exist at the state and local level that are

designed to assist property owners facing taxforfeiture, and to help them retain their properties.

The process is fair, balancing municipalities’ need for

finality and property-tax revenue against property

owners’ interests in retaining their properties.

30

Petitioner zooms past the numerous statutory

off-ramps, repurchase options, and support programs

available to property owners. Petitioner proceeds

directly to the very end of the road, where a property

owner’s property is sold, and the local taxing districts

receive

an

alleged

tax-forfeiture

“windfall.”

Petitioner infers that a “windfall” is the ultimate goal

from the outset. That simply is not true. The goal is

never to deprive a property owner of his or her

property in order to obtain a property-tax windfall.

Rather, as former Hennepin County AuditorTreasurer Mark Chapin (previously a named

defendant in this case) stated, “The goal is keeping

the resident in the house, which also benefits their

relatives, spouses, and neighbors.” David Chanen,

Hennepin County’s Navigator Program helps

delinquent taxpayers keep their homes, Minneapolis

Star Tribune, April 2, 2019 (attributing statement to

Auditor-Treasurer Chapin). The legislative scheme,

as well as the various programs available to property

owners, demonstrate that the goal is to help property

owners remain in their property.

A.

Minnesota Statutes provide property

owners with several opportunities to

avoid forfeiture and maintain their

equity.

The goal of helping property owners retain

their properties is evidenced by the fact that the

Minnesota

Statutes

establish

numerous

opportunities for property owners to avoid forfeiture.

The first opportunity for property owners to

exit the road to forfeiture of course is to simply pay

their taxes. Property owners have a full year to come

31

up with the funds to pay their property taxes and

avoid the tax-forfeiture process altogether.

The second opportunity for property owners to

exit the road to forfeiture occurs after a property

owner falls into delinquency, which occurs on

January 1 of the year after their taxes are due. See

Minn. Stat. § 279.02, subd. 1. Delinquent taxpayers

receive notice that if they fail to pay their taxes their

property will be “bid-in” by the state, meaning it is

“sold” to the state. See Minn. Stat. § 279.06–.091.

That doesn’t occur, however, until mid-May in the

year a property owners’ taxes become delinquent.

See Minn. Stat. § 280.01. Property owners thus have

an additional four-and-a-half months to pay their

property taxes and avoid forfeiture.

The third opportunity for property owners to

exit the road to tax-forfeiture is via their right of

redemption. See Minn. Stat. Ch. 281. Minnesota

Statutes section 281.01 guarantees property owners

the right of redemption stating, “Any person claiming

an interest in any parcel of land bid in by the state at

a tax sale may redeem the same.” The right arises

after tax-forfeited property has been “bid in” by the

state, meaning the state has acquired an interest in

the property after a property owner fails to pay

property taxes. See Minn. Stat. § 280.41. Property

owners redeem their property by paying off

delinquent taxes, along with penalties, interests, and

costs. Minn. Stat. § 281.02. In most cases, the

redemption period lasts for three years. See Minn.

Stat. § 281.17.

Property owners receive ample

notices of their right of redemption. See Minn. Stat.

§ 281.23.

32

The fourth opportunity for property owners to

exit the road to forfeiture is through a confession of

judgment. See Minn. Stat. § 279.37. As part of that

process, a property owner agrees that the state may

enter a judgment against the property owner’s

property in the amount of the property owner’s

delinquent taxes, penalties, costs, and interests. Id.,

subd. 1. In exchange, the property owner gets up to

ten years to pay off his or her tax debt through

installment payments. Id., subd. 2. The confession

of judgment process is available to property owners

“at any time prior to the forfeiture of the parcel of

land to the state.” Id., subd. 1. Property owners are

allowed to make a confession of judgment not once,

but twice. Id., subd. 10. The confession of judgment

process functions, in essence, as a payment plan for

individuals facing financial challenges. It gives

struggling property owners time to get their financial

house in order, and to help them maintain their

properties.

The fifth opportunity for property owners to

avoid the consequences of forfeiture—available in

some but not all cases—occurs after final forfeiture.

Even then, years after a property owner first failed

to pay his or her property taxes, the Minnesota

Statutes give a property owner yet another

opportunity to retain his or her property through a

repurchasing process. See Minn. Stat. § 282.241.

The Minnesota Statutes provide a process that

allows property owners to apply to their county board

for permission to repurchase the property for the

sum of delinquent taxes and assessments, together

with penalties, interest, and costs. See id. The

county board has discretion to grant or deny the

33

application.

Counties almost uniformly grant

permission if doing so will correct an “undue

hardship” or “injustice,” or if it serves the “public

interest.” See id. When a county board grants

permission to repurchase, it generally allows a

property owner to repay the delinquent sums in

installment payments, giving the property owner

even more time to redeem their property. Id.; see

Minn. Stat. § 282.01, subd. 4(a) (authorizing ten

annual installments). The statutory right to

repurchase is available up and until tax-forfeited

property is disposed of, which is often many years or

even decades after forfeiture. See id.

In addition to the above-described ways to

avoid forfeiture, a property owner may also decide to

sell his or her property before final forfeiture occurs.

Absolute title to the property does not vest in the

state until the end of the redemption period

prescribed by law—ordinarily three years after a

property owner is delinquent. Minn. Stat. § 281.18.

Rather than attempting to retain property, a

property owner could decide to sell the property, pay

off delinquent property taxes and other debts, and

then retain the surplus equity for himself or herself.

Petitioner and many of the amicus curiae

supporting Petitioner would have the Court believe

that Minnesota’s tax-forfeiture system is one-sided

and inequitable. They would have the Court believe

the system was created for the purpose of giving

Minnesota’s local taxing districts tax-forfeiture

windfalls. A fair look at the system, however,

demonstrates that is not the case. The abovedescribed statutory system is one of grace and second

chances. Property owners have many opportunities

34

to retain their property, and to maintain the equity

in their property. They have many years to take

advantage of the state’s offerings. Contrary to the

position of Petitioner and many of the amicus curiae

supporting her, the statutes at issue in this case

reveal that the state’s tax-forfeiture system was

designed to protect property owners.

Ultimately, the desire to provide property

owners with grace and second chances must be

balanced against taxing jurisdictions’ need for

finality with respect to property where taxes are not

being paid. Minnesota’s local taxing districts rely on

property tax revenue to operate their government

programs. When property owners fail to pay their

property taxes, especially for multiple consecutive

years, Minnesota’s local taxing districts cannot

operate effectively. That harms the community as a

whole. At some point, the desire to provide grace and

second chances must be balanced against local taxing

districts’ rights to collect taxes, and a municipality’s

right to finality when a delinquent property owner

fails to contribute his or her fair share to the cost of

government. The Minnesota Legislature has crafted

a system that balances those two interests. The

Legislature’s chosen system is reflected in Minnesota

Statutes section 282.08, and in the broader taxforfeiture scheme. As noted above, this Court defers

to the Legislature’s judgment and its balancing of the

equities in this matter.

35

B.

Programs also exist at the state and local

level that are designed to help property

owners retain their properties.

The ultimate goal of helping property owners

retain their properties and keep them on the tax rolls

is also evidenced by the fact that state and local

government entities have established various

programs to help property owners avoid taxforfeiture and keep their properties.

At the state level, the Minnesota Department

of Revenue has established a property tax deferral

program for senior citizens that is designed to help

them stay in their properties. Minn. Stat. Ch. 290B

(establishing Senior Tax Deferral Program); see

generally Minnesota Department of Revenue,

Property Tax Deferral for Senior Citizens,

https://www.revenue.state.mn.us/property-taxdeferral-senior-citizens (last updated Dec. 18, 2020).

The program is designed to help fill in the gap for

seniors who lack the income to pay their property

taxes. Property owners pay three percent (3%) of

their total household income towards their property

taxes. Minn. Stat. § 290B.05, subd. 1. The state

pays the remainder of the property owner’s property

taxes as a loan. Minn. Stat. § 290B.07(a). When a

property owner sells his or her property, or

voluntarily cancels the tax deferral, the property

owner then repays the loan, with interest in an

amount not to exceed five percent (5%). Minn. Stat.

§ 290B.08. The program makes property taxes more

affordable by tying payment amounts to income

rather than the value of the property.

36

Hennepin

County

in

particular

has

established a program at the local government

level—referred to as the Navigator Program—that is

designed to assist property owners facing taxforfeiture. See David Chanen, Hennepin County’s

Navigator Program helps delinquent taxpayers keep

their homes, Minneapolis Star Tribune, April 2, 2019.

The program is available to property owners who are

delinquent in paying their property taxes, and are

awaiting tax-forfeiture. Id. “Navigators” provide

holistic support to property owners, connecting them

with social services and other resources (e.g.,

medical, legal, clothing, veteran support, mental

health counseling, etc.). Id. The ultimate goal is to

help property owners maintain the stability

associated with property ownership by avoiding

forfeiture. See id. The program has been successful,

helping many people in Hennepin County avoid taxforfeiture. Id.

Hennepin County received an Achievement

Award from the National Association of Counties in

2018 for its Navigator Program. Resident and Real

Estate Services/Human Services Navigator, National

Association

of

Counties

(May

1,

2018),

https://www.naco.org/resources/awardprograms/resident-and-real-estate-serviceshumanservices-navigator.

The National Association of

Counties provided the following information about

the Navigator Program, and rationale as to why

Hennepin County received the award:

The goals of the program

are to provide resources

and assistance to support

taxpayers staying in their

37

homes, housing relocation

assistance if needed, and to

help stabilize individuals

and families during the

delinquency and forfeiture

process. The program has

been

overwhelmingly

successful in its first year

serving 53 taxpayers with

only 6 losing their homes

to tax-forfeiture. Of the 53

tax-payers, 31 were able to

pay their property taxes

resulting in an amount of

$331,995.29.

Id.

As noted above, Petitioner would have the

Court believe that the goal of Minnesota’s taxforfeiture system is to obtain tax-forfeiture windfalls.

If that were in fact true, it defies logic to believe that

the State of Minnesota, as well as Hennepin County

(i.e., the named-Respondent in this case), would

establish programs explicitly designed to avoid tax

forfeitures.

The programs available to property owners at

the state and local levels—like the statutory scheme

outlined in the Minnesota Statues—demonstrate

that the ultimate goal is not tax forfeiture. Rather,

the goal is to help property owners stay in their

properties and benefit from the security that

property ownership provides. Only property owners

who choose not to take advantage of the numerous

state and local offerings suffer the ultimate

38

consequence—tax-forfeiture.

The

Minnesota

Legislature has determined that forfeiture is an

appropriate result when property owners choose not

to take advantage of statutory relief or state or local

support options. This Court must not disrupt the

legislature’s judgment.

CONCLUSION

The Association of Minnesota Counties (AMC),

Minnesota

Association

of

County

Land

Commissioners (MACLC), Minnesota Association of

County Officers (MACO), and Minnesota Association

of Assessing Officers (MAAO) respectfully request

that the Court affirm the decision of the Eighth

Circuit Court of Appeals, and affirm the

constitutionality of Minnesota’s carefully-crafted taxforfeiture system.

Respectfully submitted,

Jay T. Squires

Counsel of Record

Michael J. Ervin

RUPP, ANDERSON, SQUIRES,

WALDSPURGER & MACE, P.A.

333 South Seventh St., Suite 2800

Minneapolis, MN 55402

Phone: (612) 436-4300

jay.squires@raswlaw.com

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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