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

Supreme Court briefApr 5, 2023

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No. 22-166

In the Supreme Court of the United States

________________

GERALDINE TYLER,

Petitioner,

v.

HENNEPIN COUNTY, MINNESOTA, ET AL.,

Respondents.

________________

On Writ of Certiorari to the United States

Court of Appeals for the Eighth Circuit

________________

BRIEF OF AMICI CURIAE LOCAL GOVERNMENT

LEGAL CENTER, NATIONAL ASSOCIATION OF

COUNTIES, NATIONAL LEAGUE OF CITIES,

INTERNATIONAL MUNICIPAL LAWYERS

ASSOCIATION, AND GOVERNMENT FINANCE

OFFICERS ASSOCIATION IN SUPPORT OF

RESPONDENTS

________________

AMANDA KARRAS

ERICH EISELT

International Municipal

Lawyers Association

51 Monroe St., Suite 404

Rockville, MD 20850

(202) 466-5424

akarras@imla.org

JOHN M. BAKER

Counsel of Record

KATHERINE M. SWENSON

GREENE ESPEL PLLP

222 South Ninth Street

Suite 2200

Minneapolis, MN 55402

(612) 373-0830

jbaker@greeneespel.com

Counsel for Amici Curiae

April 5, 2023

i

TABLE OF CONTENTS

TABLE OF AUTHORITIES ...................................... iii

STATEMENT OF INTERESTS OF

AMICI CURIAE ...........................................................1

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

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

I.

Principles of federalism and this Court’s

precedents dictate that “federal law

generally

will

not

interfere

with

administration of state taxes.”. ........................5

II.

The Takings Clause does not require a

public body that acquires absolute title to

real property through tax forfeiture and

later sells the property for more than the

amount of the tax debt, to compensate the

former owner. ....................................................8

A.

The loss of any “equity surplus,”

standing alone, does not constitute a

taking ....................................................10

B.

Petitioner’s

takings

theory

disregards delinquent owners’ loss of

all property interests in taxdelinquent property earlier in the

forfeiture process ..................................12

ii

C.

Petitioner’s rights under the Takings

Clause are limited or barred by her

failure to exercise the statutory

scheme’s safeguards to prevent the

alleged taking .......................................18

III.

Petitioner’s takings theory is impractical

and unmanageable..........................................20

IV.

The payment of property taxes and the use

of forfeiture as a tool in cases of delinquency

is tremendously important to local

governments ....................................................24

A.

Property taxes are a cornerstone of

local governments’ provision of

essential services..................................25

B.

Forfeiture is a crucial tool for

governments if property taxes are

not paid .................................................27

CONCLUSION ..........................................................30

iii

TABLE OF AUTHORITIES

Cases

Andrus v. Allard,

444 U.S. 51 (1979) ............................................ 10, 11

Beckwith v. Webb’s Fabulous Pharmacies, Inc.,

449 U.S. 155 (1980) ........................ 14, 15, 16, 17, 18

Boise Artesian Water Co. v. Boise City,

213 U.S. 276 (1909) .................................................. 7

Brown v. Legal Foundation of Washington,

538 U.S. 216 (2002) ................................................ 18

Burton v. United States,

196 U.S. 283 (1905) ................................................ 17

Chapman v. Zobelein,

237 U.S. 135 (1915) .......................................... 14, 23

Compania General de Tabacos de Filipinas v.

Collector of Internal Revenue,

275 U.S. 87 (1927) .................................................. 25

Concrete Pipe & Prods. of Cal., Inc. v. Constr.

Laborers Pension Tr. for S. Cal.,

508 U.S. 602 (1993) ................................................ 11

Dows v. Chicago,

78 U.S. (11 Wall.) 108 (1871) ................................... 7

Fair Assessment in Real Estate Ass’n v. McNary,

454 U.S. 100 (1981) ...................................... 5, 6, 7, 8

iv

Hall v. State,

908 N.W.2d 345 (Minn. 2018)................................ 16

Hodel v. Virginia Surface Mining & Reclamation

Ass’n, 452 U.S. 264 (1981) ............................... 19, 20

Keystone Bituminous Coal Ass’n v. DeBenedictis,

480 U.S. 470 (1987) .......................................... 10, 11

Murr v. Wisconsin,

137 S. Ct. 1933 (2017) ...................................... 10, 11

Nat’l Private Truck Council, Inc. v. Oklahoma Tax

Comm’n, 515 U.S. 582 (1995) .......................... 5, 6, 8

Nelson v. City of New York,

352 U.S. 103 (1956) ............................................ 9, 23

New York ex rel. Cohn v. Graves,

300 U.S. 308 (1937) ................................................ 25

Palazzolo v. Rhode Island,

533 U.S. 606 (2001) .......................................... 19, 20

Pearson v. Dodd,

429 U.S. 396 (1977) (per curiam) .............. 13, 14, 23

Phillips v. Washington Legal Foundation,

524 U.S. 156 (1998) .................................... 16, 17, 18

Quackenbush v. Allstate Ins. Co.,

517 U.S. 706 (1995) .................................................. 6

Rogers v. Bucks Cty. Domestic Relations Section,

959 F.2d 1268 (3d Cir. 1992) ........................... 15, 16

v

Simon v. Weissmann,

301 F. App’x 107 (3d Cir. 2008) ............................. 17

Suitum v. Tahoe Reg’l Planning Agency,

520 U.S. 725 (1997) .......................................... 19, 20

Swisher Int’l, Inc. v. Schafer,

550 F.3d 1046 (11th Cir. 2008) .............................. 18

Tahoe-Sierra Pres. Council v. Tahoe Reg’l Planning

Agency, 535 U.S. 302 (2002) ............................ 10, 11

Texaco, Inc. v. Short,

454 U.S. 516 (1982) .......................................... 18, 23

Texas State Bank v. United States,

423 F.3d 1370 (Fed. Cir. 2005) .............................. 17

United States v. Locke,

471 U.S. 84 (1985) ............................................ 18, 19

Washlefske v. Winston,

234 F.3d 179 (4th Cir. 2000) .................................. 16

Statutes

42 U.S.C. § 1983 .......................................... 3, 4, 5, 6, 7

42 U.S.C. § 1988 .......................................................... 6

Fla Stat. § 28.33................................................... 14, 15

Minn. Stat. § 281.18 ............................................ 12, 17

Minn. Stat. § 282.01 .................................................. 21

vi

Other Authorities

Abt Assocs. & NUY Furman Ctr., Local Housing

Solutions Lab, Foreclosure and Disposition of

Tax-Delinquent

Properties,

https://tinyurl.com/4ncxhrx6 ................................. 30

Frank S. Alexander, Tax Liens, Tax Sales, and

Due Process, 75 IND. L.J. 747 (2000) ......... 24, 25, 29

Frank S. Alexander & Leslie A. Powell,

Neighborhood Stabilization: Legal Strategies for

Vacant and Abandoned Properties (2011),

https://tinyurl.com/5adyd5ea ................................. 28

James Alm et al., Property Tax Delinquency and

Its Spillover Effects on Nearby Properties, 58

REG’L SCI. & URBAN ECON. 71 (2016) .................... 28

D.A. Carroll & C.B. Goodman, Assessing the

Influence of Property Tax Delinquency and

Foreclosures on Residential Property Sales, 53

URBAN AFFAIRS REV. 898 (2017) ............................ 28

Michael DeStefano, Baltimore’s Targeted Blight

Elimination Program and How It Can Be

Improved, 52 U. BALT. L.F. 179 (2022) ................. 29

Goodwill-Easter

Seals,

Minn.,

Ramsey

County/Goodwill-Easter

Seals

Minnesota

Partnership Restores Historic Neighborhood

Home & Changes Lives (Mar. 1, 2022),

https://tinyurl.com/4apwkw2h............................... 21

vii

Kim Graziani, Ctr. for Cmty. Progress, Reimagine

Delinquent Property Tax Enforcement (2022),

https://tinyurl.com/42cf8s98 .................................. 24

Hennepin

Cty,

Minn.,

2023

Budget,

https://tinyurl.com/56uxyd4t ................................. 26

Hennepin

Cty.,

Minn.,

Property

Taxes,

https://tinyurl.com/5dbbzpy5 ................................. 26

Dan Immergluck, et al., Ctr. for Cmty. Progress,

The Cost of Vacant and Blighted Properties in

Pittsburgh: A Conservative Analysis of Service,

Tax Delinquency, and Spillover Costs (2017),

https://tinyurl.com/emmdutm9........................ 27, 29

Ramsey Cty., Minn., Productive Properties,

https://tinyurl.com/c9mf7brz ................................. 21

John Rao, Nat’l Consumer Law Ctr., The Other

Foreclosure Crisis: Property Tax Lien Sales

(2012), https://tinyurl.com/2s477u2t ..................... 29

U.S. Census Bureau, 2020 State & Local

Government Finance Historical Datasets and

Tables, Table 1 (State and Local Government

Finances by Level of Government and by State:

2020), https://tinyurl.com/3m6zsx3u ............... 26, 27

Stephan Whitaker & Thomas J. Fitzpatrick IV,

Deconstructing Distressed-Property Spillovers:

The Effects of Vacant, Tax-Delinquent, and

Foreclosed Property in Housing Submarkets, 22

J. HOUS. ECON. 79 (2013) ....................................... 28

viii

Joan Youngman, Lincoln Inst. of Land Policy, A

Good Tax: Legal and Policy Issues for the

Property Tax in the United States (2016),

https://tinyurl.com/4wp68psr ................................ 25

1

STATEMENT OF INTERESTS OF

AMICI CURIAE 1

The Local Government Legal Center (“LGLC”) is a

coalition of national local government organizations

formed in 2023 to provide education to local

governments regarding the Supreme Court and its

impact on local governments and local officials and to

advocate for local government positions at the

Supreme Court in appropriate cases. The National

Association of Counties, the National League of Cities,

and the International Municipal Lawyers Association

are the founding members of the LGLC, and the

Government Finance Officers Association is an

associate member of the LGLC.

The National Association of Counties (“NACo”) is

the only national association that represents county

governments in the United States. Founded in 1935,

NACo provides essential services to the Nation’s 3,069

counties through advocacy, education, and research.

The National League of Cities (“NLC”) is the oldest

and largest organization representing municipal

governments throughout the United States. Working

in partnership with forty-nine state municipal

leagues, NLC is the voice of more than 19,000

American cities, towns, and villages, representing

collectively more than 200 million people. NLC works

1 Pursuant to Supreme Court Rule 37.6, these Amici affirm that

no counsel for a party authored this brief in whole or in part, and

that no such counsel or party, other than Amici or their counsel,

made a monetary contribution intended to fund the preparation

or submission of this brief.

2

to strengthen local leadership, influence federal

policy, and drive innovative solutions.

The International Municipal Lawyers Association

(“IMLA”) is a non-profit, nonpartisan, professional

organization consisting of more than 2,500 members.

Membership is comprised of local government entities,

including cities, counties, and subdivisions thereof, as

represented by their chief legal officers, state

municipal leagues, and individual attorneys. IMLA’s

mission is to advance the responsible development of

municipal law through education and advocacy by

providing the collective viewpoint of local

governments around the country on legal issues before

state and federal appellate courts.

The Government Finance Officers Association

(“GFOA”) is the professional association of state,

provincial, and local finance officers in the United

States and Canada. GFOA has served the public

finance profession since 1906 and continues to provide

leadership to government-finance professionals

through research, education, and the identification

and promotion of best practices. Its more than 21,000

members are dedicated to the sound management of

government financial resources.

Amici are not-for-profit organizations whose

missions are to advance the interests of cities,

counties, and other local governments. They file this

brief to recommend that the Court affirm the United

States Court of Appeals for the Eighth Circuit.

Although there are many property-tax systems across

the United States, local governments nationwide rely

3

on property-tax revenue to provide essential services

to their constituents. Tax forfeiture is sometimes

necessary to address the problems of tax-delinquent

properties, and Amici—in addition to agreeing with

Respondents that Petitioner is not entitled to

compensation under the Takings Clause—submit this

brief to provide the Court with information about the

importance to local governments of property taxes and

property-tax enforcement.

SUMMARY OF ARGUMENT

Property owners who fail to pay their property

taxes and who disregard statutory safeguards for

preserving the equity in their property, do not have a

right under the Takings Clause to be paid if the public

body that acquires the property through forfeiture

sells it for more than the owner owed in taxes.

Principles of federalism dictate that Section 1983

cannot be used to interfere with the operations of a

State’s tax system unless the system leaves the

plaintiff without an adequate remedy. Petitioner tries,

and fails, to fashion a takings claim out of her wish

that the government share its earnings from a sale

after all of her interests in the property were

extinguished and vested in the State of Minnesota,

without regard to the numerous ways she could have

protected her investment before things reached that

stage. It was constitutional for absolute title to the

property to transfer to the State as a consequence of

Petitioner’s unpaid property taxes, and it was

constitutional for the State—as fee owner—to sell the

property to a third party and distribute the proceeds

beyond the tax debt, rather than to Petitioner.

4

Taxes are the lifeblood of local government in

America. At the apex of these are property taxes; while

some States do not impose income taxes, local

governments in every State in the nation use property

taxes to help fund the multitude of services on which

their constituents rely.

Petitioner seeks to undermine a longstanding and

central tenet of property taxation—that once a

property owner fails to pay property taxes, ignores

repeated notices over several years, and fails to take

advantage of multiple programs specifically designed

to preserve ownership, forfeiture will follow, vesting

title in one government body or another. The new

constitutional right Petitioner requests will reduce

taxpayer compliance, reduce the government’s

enforcement ability, and discourage solutions

currently in use that benefit delinquent (yet attentive)

owners, their neighbors, and the general public.

Petitioner’s proposed new constitutional right is also

far out of step with this Court’s Section 1983 and

Takings Clause jurisprudence.

The Court should reaffirm the well-established

limitations on takings claims that Petitioner

disregards and affirm the judgment below.

5

ARGUMENT

I.

Principles of federalism and this Court’s

precedents dictate that “federal law

generally

will

not

interfere

with

administration of state taxes.”

For decades, Section 1983 plaintiffs have been

litigating under important limitations established

through this Court’s modern decisions. For example,

in decisions such as Fair Assessment in Real Estate

Ass’n v. McNary, 454 U.S. 100, 116 (1981), the Court

barred the use of Section 1983 to seek declaratory,

injunctive, or compensatory relief based on a claim

that something in a State’s tax system is

unconstitutional. As Justice Thomas later wrote for a

unanimous Court, “the background presumption that

federal law generally will not interfere with

administration of state taxes leads us to conclude that

Congress did not authorize injunctive or declaratory

relief under § 1983 in state tax cases when there is an

adequate remedy at law.” Nat’l Private Truck Council,

Inc. v. Oklahoma Tax Comm’n, 515 U.S. 582, 588

(1995). The Court’s reasoning in National Private

Truck Council, Inc. that “principles of federalism and

comity generally counsel that courts should adopt a

hands-off approach with respect to state tax

administration” applies with equal force here. Id. at

586. Compensatory relief in such cases has been

barred at least since the Fair Assessment decision in

1981. See 454 U.S. at 115–16.

Respondents properly invoke this Court’s decision

in National Private Truck Council, Inc. Resp. Br. 15,

6

40. Because Fair Assessment “was a case about the

scope of the § 1983 cause of action, not the abstention

doctrines[,]” Quackenbush v. Allstate Ins. Co., 517 U.S.

706, 719 (1995) (internal citation omitted), this

limitation applies to Section 1983 cases pending in

both federal and state courts. See Nat’l Private Truck

Council, Inc., 515 U.S. at 589 (“[T]he Oklahoma courts’

denial of relief under § 1983 was consistent with the

long line of precedent underscoring the federal

reluctance to interfere with state taxation.”). Because

Petitioner would have been subject to that limitation

even if Respondents had not removed her case to

federal court, this limitation was not created by the

removal, but was present from the case’s inception in

state court.

Petitioner’s effort to bring a class-action suit under

Section 1983 by challenging the Minnesota statutory

tax framework’s treatment of any “equity surplus” is

on a collision course with the principles underlying

Fair Assessment and its progeny. 2 As Justice

Rehnquist wrote in Fair Assessment, “[t]his Court,

even before the enactment of § 1983, recognized the

important and sensitive nature of state tax systems

and the need for federal-court restraint when deciding

cases that affect such systems.” 454 U.S. at 102. “‘It is

2

Petitioner expressly invoked Section 1983 in Paragraph 64 of

her Complaint, and implicitly did so in Paragraph 3 (by seeking

attorney fees under 42 U.S.C. § 1988, in a suit where there was

no other potential basis for liability giving rise to a claim for fees

under Section 1988 other than Section 1983). Joint App’x 4, 20.

Amici request that the Court limit its decision to the adequacy of

the Complaint, without addressing or calling into question the

availability of any defenses.

7

upon taxation that the several States chiefly rely to

obtain the means to carry on their respective

governments, and it is of the utmost importance to all

of them that the modes adopted to enforce the taxes

levied should be interfered with as little as possible.’”

Id. (quoting Dows v. Chicago, 78 U.S. (11 Wall.) 108,

110 (1871)). To protect “the vital and vulnerable

nature of state tax systems,” this Court reaffirmed

that “‘a proper reluctance to interfere by prevention

with the fiscal operations of the state governments has

caused it to refrain from so doing in all cases where

the Federal rights of the persons could otherwise be

preserved unimpaired.’” Id. at 103, 108 (quoting Boise

Artesian Water Co. v. Boise City, 213 U.S. 276, 282

(1909)). To avoid the disruption to state and local

governments’ fiscal interests that would result if “a

district court first determines that respondents’

administration of the County tax system violated

petitioners’ constitutional rights,” Fair Assessment

barred compensatory relief and not simply injunctive

or declaratory relief. Id. at 113–14.

Petitioner’s suit does not challenge the adequacy of

state-law protections, for good reason: Minnesota’s

statutory tax framework includes multiple layers of

protections for tax-delinquent property owners.

Petitioner simply ignored those protections while she

had the opportunity to invoke them. 3

This Court should adjudicate this case under the

principles of federalism in Section 1983 challenges to

3

See infra Sections II, II.C.

8

States’ tax frameworks as described in Fair

Assessment and National Private Truck Council, Inc.

II.

The Takings Clause does not require a

public body that acquires absolute title to

real property through tax forfeiture and

later sells the property for more than the

amount of the tax debt, to compensate the

former owner.

Petitioner, seeking to represent a class of many

others, does not dispute that she and the putative

class members failed to pay their property taxes fully

when due, or upon notice of the delinquency. Nor does

Petitioner dispute that, in the face of forfeiture,

Minnesota law provided her with numerous

opportunities—none of which she took—to protect her

financial interests in her investment as owner,

including her interest in preserving any equity. Nor

does Petitioner dispute that her entirely passive

approach following her failure to pay the property

taxes due, which led to forfeiture of the property and

a statutory transfer of its ownership, relieved her of

any exposure to liens on the property—including those

protecting third parties—and spared her the cost of

hiring an agent to sell the property. Nor does she

dispute that if the government had sold her property

for less than her tax obligation, she would not be

responsible for the deficit.

Instead, Petitioner brought this federal suit

because she wanted, on top of everything else, to

receive a check from the government if the eventual

sale price of the property for which she refused to fully

9

pay her taxes exceeded the amount owed (which we

will call her “equity surplus”). Petitioner does not

claim a statutory right to receive both the benefits of

discharged liens and avoided sale costs, and a check

for any equity surplus. Instead, she contends that she

has an entitlement under the Takings Clause of the

United States Constitution. 4 Petitioner asserts this

so-called right regardless of the statutory

opportunities to protect the amount of her investment

that she bypassed.

The district court properly dismissed Petitioner’s

takings claim, and the Eighth Circuit properly

affirmed that dismissal. Petitioner’s claim is about a

non-compensable “leaving” of value by Petitioner

rather than any compensable “taking” of property

from her by Hennepin County or its AuditorTreasurer. The government, by not sending Petitioner

a check in the amount of the alleged equity surplus

after final forfeiture to the State and a later sale to a

third party, did not “take” Petitioner’s “property” in

the proper legal meaning of those terms. Equally

important, Petitioner’s failure to have timely taken

advantage of avenues to protect her investment in

ownership provides a separate basis for affirmance.

See Nelson v. City of New York, 352 U.S. 103, 109–10

(1956) (holding that complete forfeiture of real

property through tax foreclosure as a result of owner’s

neglect did not violate the Takings Clause).

4

This brief focuses solely on the Takings Clause claim, but these

Amici agree with Respondents that all of Petitioner’s claims lack

merit.

10

Notwithstanding

the

Takings

Clause,

governments have a “well-established power to

‘adjus[t] rights for the public good.’” Murr v.

Wisconsin, 137 S. Ct. 1933, 1943 (2017) (quoting

Andrus v. Allard, 444 U.S. 51, 65 (1979) (brackets in

Murr)). “The Takings Clause has never been read to

require the States or the courts to calculate whether a

specific individual has suffered burdens under this

generic rule in excess of the benefits received.”

Keystone Bituminous Coal Ass’n v. DeBenedictis, 480

U.S. 470, 492 n.21 (1987).

A.

The loss of any “equity surplus,”

standing alone, does not constitute a

taking.

Petitioner’s attempt to base a takings claim on the

loss of a single twig (i.e., an alleged equity surplus)

from the proverbial “bundle of sticks” of property

ownership, disregards well-established decisions of

this Court.

A takings plaintiff may not divide a parcel into

discrete segments and then attempt to determine

whether rights in a particular segment have been

entirely denied. See Tahoe-Sierra Pres. Council v.

Tahoe Reg’l Planning Agency, 535 U.S. 302, 327–30

(2002); see also Keystone Bituminous Coal Ass’n, 480

U.S. at 472, 498 (noting that many laws “place limits

on the property owner’s right to make profitable use of

some segments of his property,” and explaining that

the owner may not divide property and define "a

separate segment of property for takings law

purposes”). “[O]ur takings jurisprudence forecloses

11

reliance on such legalistic distinctions within a bundle

of property rights.” Keystone Bituminous Coal Ass’n,

480 U.S. at 500. Instead, the takings plaintiff must

prove a taking of his or her entire parcel. “[E]ven

though multiple factors are relevant in the analysis of

regulatory takings claims, in such cases [courts] must

focus on the parcel as a whole[.]” Tahoe-Sierra Pres.

Council, 535 U.S. at 327 (quotation omitted); see also

id. at 331 (“[I]n regulatory takings cases [courts] must

focus on the parcel as a whole.” (quotation omitted)).

Indeed, this Court “has declined to limit the parcel

in an artificial manner to the portion of property

targeted by the challenged regulation.” Murr,

137 S. Ct. at 1944. “That approach would overstate

the effect of regulation on property[.]” Id. (citing

Tahoe-Sierra Pres. Council, 535 U.S. at 331). “‘To the

extent that any portion of property is taken, that

portion is always taken in its entirety; the relevant

question, however, is whether the property taken is

all, or only a portion of, the parcel in question.’” Id.

(quoting Concrete Pipe & Prods. of Cal., Inc. v. Constr.

Laborers Pension Tr. for S. Cal., 508 U.S. 602, 644

(1993)). Even where an “owner possesses a full

‘bundle’ of property rights, the destruction of one

‘strand’ of the bundle is not a taking[.]” Andrus, 444

U.S. at 65–66.

12

B.

Petitioner’s

takings

theory

disregards delinquent owners’ loss

of all property interests in taxdelinquent property earlier in the

forfeiture process.

Petitioner claims to have an “equity interest” in the

parcel that entitles her to some of the proceeds from

the government’s post-forfeiture sale of the parcel to a

third party. But even assuming for the sake of

argument that the “bundle of sticks” of property

ownership includes such an interest, the entire bundle

transferred from Petitioner to the State of Minnesota

when the statutory redemption period expired without

Petitioner’s redeeming her property. See Minn. Stat.

§ 281.18 (providing that upon the expiration of the

statutory redemption period for a parcel of land sold

to the state at any tax judgment sale, “absolute title to

such parcel, if not theretofore redeemed, shall vest in

the state”). That is, when the redemption period

expired, any and all interests Petitioner may have had

in the property were completely extinguished—and

became vested in the State. See Pet. Br. 2 (conceding

that transfer of “absolute title” extinguished “all

interests [Petitioner] had in her property, including

her equity”). 5

5

Petitioner’s arguments assume that the Court will focus

exclusively on the occasional opportunity for a former owner to

share in a higher sales price that is lost after transfer of absolute

title after redemption periods end. She ignores an accompanying

benefit of the same statutory tax system: the extinguishment of

all encumbrances held by the tax delinquent’s private creditors.

13

Petitioner faults Respondents for not paying her

“for the excess value” of the property either (1) “when

it took absolute title” or (2) “when it sold the property”

after taking absolute title. 6 But the Court should not

conflate the statutory vesting of absolute title to the

parcel with the later sale of the property to a third

party. As this Court has recognized, these are two

separate transfers—and the first transfer (vesting of

absolute title in the State after a redemption period)

leaves the prior owner with no property interests upon

which a constitutional challenge to the second transfer

(the government’s later sale of the property) can be

based. In Pearson v. Dodd, the Court held that because

appellant’s interest was transferred by statute to the

State of West Virginia after she failed to pay realestate taxes and did not redeem during the statutory

redemption period, and because she was not

This is more than a question of standing; it reflects how an

overall statutory property-tax system is made up of

counterbalancing potential burdens and potential opportunities

for delinquent taxpayers. If the Court transforms a former

owner’s opportunity to benefit (if a bidding war were to break out

at a tax-foreclosure sale) into a constitutional entitlement, it will

disrupt a legislative counterbalance. In the short run, it would

reduce compliance and tax collections—but in the longer run, it

could motivate state legislatures to restore balance by reducing

existing statutory benefits (like discharge of all other

encumbrances) that currently result in greater compliance and

tax-collection successes, more redemptions, and fewer

delinquencies that ultimately bring about loss of a home.

6

Pet. Br. 3. As Respondents point out, there are significant

practical problems with Petitioner’s argument that the transfer

of title is the triggering event for purposes of determining when

compensation is owed. See Resp. Br. 42–43.

14

challenging that transfer, her constitutional claims

based on the State’s later sale of the property failed:

[U]nder state law absolute title had

vested in the State at the expiration of

the 18-month period after the 1962 sale

during which appellant might have

exercised but did not exercise her right to

redeem . . . . Appellant thus has no

constitutionally protected property or

entitlement interest upon which she may

base a challenge of constitutional

deficiency in the notice provisions

attending the 1966 sale to appellee Dodd.

Pearson v. Dodd, 429 U.S. 396, 397–98 (1977) (per

curiam); see also Chapman v. Zobelein, 237 U.S. 135,

136, 138–39 (1915) (rejecting claim that State of

California, which received “absolute title” to taxforfeited land after expiration of redemption period,

had deprived former landowner of property without

due process under the Fourteenth Amendment by

selling the land to the highest bidder and receiving

more than the tax debt for the parcel).

Notwithstanding these well-established principles,

Petitioner repeatedly cites rhetoric from Beckwith v.

Webb’s Fabulous Pharmacies, Inc., 449 U.S. 155

(1980), incorrectly implying that the present case fits

within the narrow exception recognized there. Webb’s

arose from a Florida statute providing that interest

generated on sums deposited in state courts “‘shall be

deemed income of the office of the clerk of the circuit

court.’” 449 U.S. at 160 (quoting Fla Stat. § 28.33

15

(1977)). The State construed the Florida statute as

applying not just to interest on funds owned by the

government, but also to “private funds deposited

under the direction of another statute.” Id. In Webb’s,

the particular deposited fund “was the amount

received as the purchase price for Webb’s assets,”

which was “property held only for the ultimate benefit

of Webb’s creditors, not for the benefit of the court and

not for the benefit of the county.” Id. at 160–61. But in

Webb’s this Court “was careful, however, to limit its

holding to the precise facts before it.” Rogers v. Bucks

Cty. Domestic Relations Section, 959 F.2d 1268, 1276

(3d Cir. 1992). This Court explained its narrow

holding this way:

We hold that under the narrow

circumstances of this case—where there

is a separate and distinct state statute

authorizing a clerk’s fee “for services

rendered” based upon the amount of

principal deposited; where the deposited

fund itself concededly is private; and

where the deposit in the court’s registry

is required by state statute in order for

the depositor to avail itself of statutory

protection from claims of creditors and

others—Seminole County’s taking unto

itself, under § 28.33 and 1973 Fla. Laws,

ch. 73-282, the interest earned on the

interpleader fund while it was in the

registry of the court was a taking

violative of the Fifth and Fourteenth

Amendments.

16

Webb’s, 449 U.S. at 164–65.

Because the equity surplus sought here is unlike

the “interpleaded and deposited fund” in Webb’s, “it

therefore falls outside the ‘narrow circumstances’ of

that holding.” Hall v. State, 908 N.W.2d 345, 355

(Minn. 2018); see also Rogers, 959 F.2d at 1276. First,

in this case (but not in Webb’s and its progeny) the

party claiming a property interest in the earnings on

the property lost title to that property earlier in the

process. In Webb’s, this Court emphasized that “[t]he

usual and general rule is that any interest on an

interpleaded and deposited fund follows the principal

and is to be allocated to those who are ultimately to be

the owners of that principal.” Webb’s, 449 U.S. at 162.

Second, in Phillips v. Washington Legal

Foundation, the Court emphasized that “‘earnings of

a fund are incidents of ownership of the fund itself and

are property just as the fund itself is property.’” 524

U.S. 156, 167 (1998) (quoting Webb’s, 449 U.S. at 164).

But “[t]he holding in Phillips, as well as that in Webb’s

Fabulous Pharmacies, assumes that the claimants had

a traditional private property right in the principal

and concludes only that, as an incident to that

ownership, the claimants also had a property right in

the interest.” Washlefske v. Winston, 234 F.3d 179, 185

(4th Cir. 2000). Where that assumption is incorrect,

the opposite result follows. For example, the Federal

Circuit has refused to apply the “interest follows

principal” logic of Webb’s and Phillips to a claim for a

share of the Federal Reserve’s earnings on the

plaintiff’s reserves, because the defendant, not the

plaintiff, held title to those reserves:

17

As the Supreme Court put it almost a

century ago, when a bank receives

deposits, the funds “belong to the bank,

become part of its general funds, and can

be loaned by it as other moneys. . . . The

general doctrine that upon a deposit

made by a customer, . . . the title to the

money . . . is immediately vested in, and

becomes the property of, the bank, is not

open to question.”

Texas State Bank v. United States, 423 F.3d 1370,

1379 (Fed. Cir. 2005) (quoting Burton v. United States,

196 U.S. 283, 301–02 (1905)). “Under such

circumstances, even if the funds received by the

Federal Reserve were used to earn interest, Texas

State did not acquire a property interest in the

earnings.” Id. at 1380.

Here, as explained in the previous section (II.A),

the earnings on the eventual sale of Petitioner’s

condominium arose from property no longer owned by

the person bringing the takings claim. See Minn. Stat.

§ 281.18. Under the “interest follows principal” rule in

Webb’s and Phillips, it is a public body—as owner of

the property through final forfeiture—that holds the

right to receive the proceeds of a later sale. Cf. Simon

v. Weissmann, 301 F. App’x 107, 112 (3d Cir. 2008)

(“None of the state cases cited in Phillips involves a

situation where a property owner claims he is owed

the fruit after abandoning the tree.”).

In any event, Webb’s and Phillips are “readily

distinguishable” because both “involved an invasion of

18

specific identifiable property.” Swisher Int’l, Inc. v.

Schafer, 550 F.3d 1046, 1055 n.6 (11th Cir. 2008).

Webb’s, Phillips, and Brown v. Legal Foundation of

Washington, 538 U.S. 216 (2002), do not apply where

“no deposit was made with a third party, such as a

private bank, that resulted in earned interest.” Texas

State Bank, 423 F.3d at 1380.

Petitioner’s lack of a property interest in the

condominium after title passed to the State but before

any equity surplus arose, dooms her takings claim.

C.

Petitioner’s

rights

under

the

Takings Clause are limited or barred

by her failure to exercise the

statutory scheme’s safeguards to

prevent the alleged taking.

This Court “‘has never required [Congress] to

compensate the owner for the consequences of his own

neglect.’” United States v. Locke, 471 U.S. 84, 107

(1985) (quoting Texaco, Inc. v. Short, 454 U.S. 516, 530

(1982) (brackets in Locke)). 7 “Regulation of property

rights does not ‘take’ private property when an

individual’s

reasonable,

investment-backed

expectations can continue to be realized as long as

7

In Short, this Court affirmed the dismissal of a Takings Clause

claim arising from a statute that reclassified mineral interests as

“lapsed” if they were not used for twenty years. It explained, “[i]n

ruling that private property may be deemed to be abandoned and

to lapse upon the failure of its owner to take reasonable actions

imposed by law, this Court has never required the State to

compensate the owner for the consequences of his own neglect.”

454 U.S. at 530.

19

[she] complies with reasonable regulatory restrictions

the legislature has imposed.” Id.

Here, there was a sequence of statutory

safeguards, spanning more than five years, available

to Petitioner that would have enabled her to protect

her investment before the alleged taking (whether the

taking occurred when absolute title transferred, or

when the property was later sold to a third party).

Understandably, Petitioner has made no effort to

show that those statutory procedures are

unreasonable. Instead, she focuses exclusively on the

relatively more extreme consequences of doing little or

nothing, trying to turn the added severity of those

consequences, when viewed in isolation, into a valid

constitutional claim.

The financial impact of a statutory scheme cannot

be viewed in isolation from the opportunities that

statutory scheme provided the property owner to

protect the property’s value, but which the property

owner ignored. A takings plaintiff cannot sit on his or

her hands and refuse to invoke formal procedures for

obtaining an exemption or variance from the potential

confiscatory effect of a statutory prohibition, and then

use that alleged confiscatory effect as the basis for a

takings claim. See Palazzolo v. Rhode Island, 533 U.S.

606, 620–21 (2001); Suitum v. Tahoe Reg’l Planning

Agency, 520 U.S. 725, 736–37 (1997); Hodel v. Virginia

Surface Mining & Reclamation Ass’n, 452 U.S. 264,

297 (1981).

Where the regulatory regime offers the possibility

of a variance from its facial requirements, “a

20

landowner must go beyond submitting a plan for

development and actually seek such a variance to

ripen his [takings] claim.” Suitum, 520 U.S. at 736–37

(emphasis added) (citing Hodel, 452 U.S. at 297). “[A]

takings claim based on a law or regulation which is

alleged to go too far in burdening property depends

upon the landowner’s first having followed reasonable

and necessary steps to allow regulatory agencies to

exercise their full discretion in considering

development plans for the property, including the

opportunity to grant any variances or waivers allowed

by law.” Palazzolo, 533 U.S. at 620–21 (emphasis

added).

III.

Petitioner’s takings theory is impractical

and unmanageable.

Petitioner contends, in essence, that she is the one

who is constitutionally entitled to reap the rewards if

the property that she forfeited by failing to pay her

property taxes ultimately sells for more than her

extinguished tax debt. But the transfer of ownership

from her to the government, and the government’s

need to spend money while it owns the property and

before its sale in an effort to get a better price for it,

make it speculative at best to believe that the

delinquent prior owner caused the actual higher sale

price. The county, not the delinquent prior owner,

would have hired the real estate agent in exchange for

a percentage of the sale. The county, not the

delinquent property owner, would have borne the

costs associated with home inspections and any

repairs, landscaping, staging, or other marketing

expenses leading up to the sale. The county, not the

21

delinquent property owner, would have paid the

utility bills needed to keep the empty condominium

from losing value while unoccupied.

Counties are not passive participants in the

process that occurs between the forfeiture of taxdelinquent property and its eventual sale. By statute,

Minnesota counties are encouraged to sell and utilize

tax-forfeited land “in order to eliminate nuisances and

dangerous conditions and to increase compliance with

land use ordinances.” Minn. Stat. § 282.01, subd. 4(c).

Consistent with that policy, the statute authorizing

counties to list and sell such properties “shall be

liberally construed to encourage the sale and

utilization of tax-forfeited land.” Id. Spending to

maintain and improve tax-forfeited properties so that

they are more likely to sell is an obvious way that

counties can achieve that mission. For example,

neighboring Ramsey County, Minnesota—which

includes St. Paul (the state capital) and several

smaller cities—has a Productive Properties division

that administers the process of making state-owned,

tax-forfeited property into productive and taxable

land. 8 But under Petitioner’s constitutional theory,

8

See

Ramsey

Cty.,

Minn.,

Productive

Properties,

https://tinyurl.com/c9mf7brz. For an example of an historicregistered, tax-forfeited home that construction students

restored through Ramsey County’s partnership with a non-profit

organization, see Goodwill-Easter Seals, Minn., Ramsey

County/Goodwill-Easter Seals Minnesota Partnership Restores

Historic Neighborhood Home & Changes Lives (Mar. 1, 2022),

https://tinyurl.com/4apwkw2h.

22

the financial benefits of that sale must then go to her

as the delinquent prior owner.

Amici scrutinized Petitioner’s merits brief for any

acknowledgment that tax delinquents’ claimed “equity

surpluses” may be constitutionally offset to avoid a

perverse incentive for tax delinquents to, in effect,

make a public body their unpaid realtor. That

common-sense concession is nowhere to be found in

Petitioner’s brief.

If the Court were to dignify Petitioner’s

constitutional theory, it would not merely be ignoring

the expenses of dollars, personnel, and other taxpayerfunded resources, incurred by a county leading up to

the post-forfeiture sale. It would also give cashstarved property owners a perverse incentive to let

their tax-delinquent properties go to forfeiture so that

the county (or other taxing district) will bear both the

burden of selling and the legal duty to “compensate”

the tax-delinquent prior owner for getting a decent

price. That would then give public bodies a perverse

incentive to market tax-forfeited properties without

improvements or meaningful marketing expenses.

Even if the properties were marketable in those

circumstances, this would simply reward potential

purchasers by keeping prices down, but do nothing to

further the interests of either the delinquent prior

owner or the taxing authority. It might also encourage

another bizarre species of claims by the delinquent

property owner—that the government “took” the

delinquent owner’s equity interest by not obtaining a

better price, and is somehow liable for that lapse.

23

Even if Petitioner were to propose an alternative

that would attempt to allocate the “equity surplus”

among the taxing authority, the former property

owner, and potentially multiple lienholders, 9 and to

somehow reduce the perverse incentives, appellate

courts would be burdened with creating and

developing the constitutional principles needed to

guide that allocation, and district courts would be

burdened with applying those principles to the myriad

of former owners of tax-forfeited parcels who would

become potentially eligible for the payoffs under

Petitioner’s theory.

Rather than disregarding or overturning the

precedent of this Court (including Texaco, Pearson,

Nelson,

and

Chapman)

and

making

new

constitutional law in the fashion Petitioner requests,

this Court should reject her arguments for the reasons

set forth above. That would leave it to legislative

bodies to craft the complex web of legal principles and

procedures that would be needed to fairly address all

the competing interests—just as the Constitution’s

framers envisioned.

9

For example, Petitioner’s property was encumbered by a

mortgage that exceeded the sale price, as well as a homeowner’s

association lien. Resp. Br. 2, 13.

24

IV.

The payment of property taxes and the use

of forfeiture as a tool in cases of

delinquency is tremendously important to

local governments.

Petitioner professes not to understand why a State

might treat surplus equity differently in the context of

tax forfeiture than in other contexts, such as private

mortgage transactions, where the mortgagee must

return surplus equity to the owner. See Pet. Br. 22

(“There is nothing about property taxes . . . that

justifies this unusual treatment.”). But unlike a

purely private contractual arrangement, the

obligation to pay property taxes is a commitment to

fund the common good. Delinquent taxpayers not only

increase the burden on people who do pay their taxes,

but they also harm the government’s ability to provide

essential services to all constituents (whether they

own real property or not). And property taxes are a

crucial source of revenue for local governments across

the nation. The importance of property taxes is

underscored by the “super priority” status of propertytax liens—most States give tax liens priority over

virtually all other liens, including mortgages 10—

undercutting Petitioner’s contention that the payment

of property taxes is no different than a private

obligation. It is vital that property taxes be paid, and

10

Frank S. Alexander, Tax Liens, Tax Sales, and Due Process, 75

IND. L.J. 747, 770–71 (2000); see also Kim Graziani, Ctr. for

Cmty. Progress, Reimagine Delinquent Property Tax

Enforcement 6 (2022), https://tinyurl.com/42cf8s98 (“[I]n most

states, [a property-tax] lien is given first priority status, meaning

it needs to be paid back before almost any other debts, such as a

mortgage.”).

25

forfeiture is an important tool for governments if those

taxes are not paid.

A.

Property taxes are a cornerstone of

local governments’ provision of

essential services.

One of the most famous statements in American

jurisprudence is Justice Oliver Wendell Holmes Jr.’s

statement that “[t]axes are what we pay for civilized

society[.]” Compania General de Tabacos de Filipinas

v. Collector of Internal Revenue, 275 U.S. 87, 100

(1927) (Holmes, J., dissenting) (adopted by the Court

in New York ex rel. Cohn v. Graves, 300 U.S. 308, 313

(1937)). This is especially true for property taxes,

which are “the primary source of revenues controlled

by our local governments” 11 and fund many essential

services provided by local government.

By way of example, local taxing districts in

Hennepin County, Minnesota (where Petitioner’s

condominium is located) provide the following public

services, among others: building safety, community

education, corrections, environmental services, K–12

education, libraries, museums, parks and recreation,

police and fire, public health, public housing, public

11

Alexander, supra note 10, at 748; see also id. at 755; Joan

Youngman, Lincoln Inst. of Land Policy, A Good Tax: Legal and

Policy Issues for the Property Tax in the United States ix (2016),

https://tinyurl.com/4wp68psr (“The property tax is a mainstay of

independent local government revenue in this country. It is the

largest single local tax and supplies nearly half of all general

revenue from local sources. It accounts for most school district

independent revenue and almost all school district tax revenue.”).

26

transportation, regional parks, regional railroads,

regional sewer, roads, sheriff, social services, and

watershed management. 12 For 2023, Hennepin

County has budgeted $2.7 billion for its major

programs, including Health, Human Services, Public

Works, and Law, Safety and Justice. 13 34% of the

revenue for those expenditures, or approximately

$927 million, will come from property taxes (the

largest source of Hennepin County’s revenue). 14

Nationwide in 2020, most (64%) of local

governments’ general revenues from their own sources

come from taxes, with $581 billion in property taxes

accounting for 72% of local governments’ tax revenue

and accounting for 46% of general revenues from local

governments’ own sources. 15 Local government

expenditures were $2.1 trillion, with the largest share

($781 billion, or 36%) devoted to education, the secondlargest share ($222 billion, or 10%) devoted to utilities

(water, gas, electric, and transit), and the third-largest

12

Hennepin

Cty.,

Minn.,

Property

Taxes,

https://tinyurl.com/5dbbzpy5 (under expandable heading “What

property taxes pay for”).

13

Hennepin Cty, Minn., 2023 Budget, at II-8 (Expenditures and

FTE Summary), available at https://tinyurl.com/56uxyd4t.

14

15

Id. at II-6 (Sources of Revenue); see also id. at II-7.

U.S. Census Bureau, 2020 State & Local Government Finance

Historical Datasets and Tables, Table 1 (State and Local

Government Finances by Level of Government and by State:

2020), available at https://tinyurl.com/3m6zsx3u.

27

share ($122 billion, or 6%) devoted to hospitals. 16

Property taxes are a necessary component of the

provision of these vital services.

B.

Forfeiture is a crucial tool for

governments if property taxes are

not paid.

Forfeiture can play an important role in addressing

problems associated with tax-delinquent properties. 17

Perhaps the most obvious problem is the loss of

revenue attributable to delinquent parcels—which

can be substantial. For example, according to a 2017

analysis, approximately 5,800 long-term taxdelinquent

vacant

parcels

in

Pittsburgh,

Pennsylvania cost taxpayers more than $2.3 million

per year in lost property-tax revenue. 18 Taxdelinquent parcels can also have negative “spillover”

16

Id.

17

Although forfeiture is constitutional, the taxing authority’s

goal is to see that its taxes are paid; divesting taxpayers of

ownership is a remedy of last resort. As such, States and local

governments take pains to avoid tax forfeitures. Indeed, many

programs exist to assist vulnerable taxpayers. See Amicus Br. of

Nat’l Tax Lien Ass’n et al. § I.B; see also Resp. Br. 6.

18

Dan Immergluck, et al., Ctr. for Cmty. Progress, The Cost of

Vacant and Blighted Properties in Pittsburgh: A Conservative

Analysis of Service, Tax Delinquency, and Spillover Costs 7–8

(2017), https://tinyurl.com/emmdutm9 [hereinafter PITTSBURGH

REPORT].

28

impacts, such as lower prices for nearby properties. 19

Because property taxes are based on value, this

results in further loss of revenue.

In addition, tax delinquency is correlated with

vacancy or abandonment. 20 Vacancy merely means

that a property is unoccupied; abandonment “is a far

stronger concept” that “suggests that the owner has

ceased to invest any resources in the property, is

for[going] all routine maintenance, and is making no

further payments on related financial obligations such

as mortgages or property taxes.” 21 The record here

indicates that Petitioner’s condominium, before title

passed to the State, was both vacant and abandoned.

If, as here, tax-delinquent parcels are also vacant or

abandoned, not only is revenue not being generated,

but local governments incur costs because of the

vacant properties (which also have negative spillover

19

See James Alm et al., Property Tax Delinquency and Its

Spillover Effects on Nearby Properties, 58 REG’L SCI. & URBAN

ECON. 71, 77 (2016); see also D.A. Carroll & C.B. Goodman,

Assessing the Influence of Property Tax Delinquency and

Foreclosures on Residential Property Sales, 53 URBAN AFFAIRS

REV. 898, 917–20 (2017); Stephan Whitaker & Thomas J.

Fitzpatrick IV, Deconstructing Distressed-Property Spillovers:

The Effects of Vacant, Tax-Delinquent, and Foreclosed Property

in Housing Submarkets, 22 J. Hous. Econ. 79, 91 (2013).

20

Frank S. Alexander & Leslie A. Powell, Neighborhood

Stabilization: Legal Strategies for Vacant and Abandoned

Properties 3 (2011) (paper for IMLA Mid-Year Conference),

https://tinyurl.com/5adyd5ea (“[P]roperty tax delinquency is the

most significant common denominator among vacant and

abandoned properties.”).

21

Id. at 2.

29

impacts on nearby properties). To return to the

example of Pittsburgh, in 2015 and 2016, the city

spent nearly $2 million annually to provide code

enforcement, police, and fire services to vacant

properties. 22 And the cumulative, city-wide loss of

property value for residential properties located

within 500 feet of a vacant residential property in

distressed physical condition was $266 million—

representing an annual loss of $4.8 million in

property-tax revenue. 23

The failure to pay property taxes is “destructive to

the social and financial health of our cities.” 24 And taxforfeiture laws “serve an important purpose in

ensuring that local governments recover tax revenue

needed to provide essential government services.” 25

Forfeiture also allows for delinquent parcels to be

transferred to new private owners who will fulfill their

societal and legal obligations, to be retained by the

government for public use, or to be transferred to a

22

PITTSBURGH REPORT, supra note 18, at 7–8.

23

Id. Sadly, Pittsburgh is but one of many American communities

suffering from tax-delinquent, vacant, and abandoned properties.

See, e.g., Michael DeStefano, Baltimore’s Targeted Blight

Elimination Program and How It Can Be Improved, 52 U. BALT.

L.F. 179, 184–87 (2022) (discussing the impact that taxdelinquent, vacant, and abandoned properties have on Baltimore

City, Maryland).

24

25

Alexander, supra note 10, at 755.

John Rao, Nat’l Consumer Law Ctr., The Other Foreclosure

Crisis:

Property

Tax

Lien

Sales

4

(2012),

https://tinyurl.com/2s477u2t.

30

land bank or community development corporation for

management and disposition. 26

CONCLUSION

For the reasons set forth above, Amici Curiae Local

Government Legal Center, National Association of

Counties, National League of Cities, International

Municipal Lawyers Association, and Government

Finance Officers Association respectfully request that

the Court affirm the Court of Appeals’ decision.

26

See Abt Assocs. & NUY Furman Ctr., Local Housing Solutions

Lab, Foreclosure and Disposition of Tax-Delinquent Properties,

https://tinyurl.com/4ncxhrx6 (discussing examples of local

governments’ use of tax-foreclosure systems to achieve

community goals, including Multnomah County, Oregon, which

facilitates the sale of tax-foreclosed properties, including

properties in the City of Portland, and deposits into an

affordable-housing program 100% of any revenue from the

difference in sale price between the minimum bid for taxes owed

and the winning bid).

31

Respectfully submitted,

AMANDA KELLER KARRAS

ERICH EISELT

INTERNATIONAL MUNICIPAL

LAWYERS ASSOCIATION

51 Monroe St. Suite 404

Rockville, MD 20850

(202) 466-5424

akarras@imla.org

JOHN M. BAKER

Counsel of Record

KATHERINE M. SWENSON

GREENE ESPEL PLLP

222 South Ninth Street

Suite 2200

Minneapolis, MN 55402

(612) 373-0830

jbaker@greeneespel.com

Counsel for Amici Curiae

April 5, 2023

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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