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When Tax Foreclosures Become a Taking
The government’s power to take private property is limited by a fundamental constitutional requirement: property owners must receive just compensation when their property is taken for public use. Although this principle is most commonly associated with eminent domain proceedings, it can also apply when municipalities acquire properties through tax foreclosures and retain proceeds beyond what... Read More
Property Taxes in Texas and New Jersey: Different Systems, Similar Concerns
Taxes have been at the forefront of conversations when it comes to the Garden State and the Lone Star State. That’s because while New Jersey is famous for having some of the highest property taxes in the nation, Texas is known for having no state income tax at all. At first glance, one might therefore... Read More
Recent Takings Decisions Emphasize a Fundamental Question: What Property Right Did the Owner Actually Have?
Two state high-court decisions have illustrated an important principle in eminent domain and takings law – determining whether government action constitutes a compensable taking often begins with identifying the precise property right affected. In Mata v. North Carolina Department of Transportation, 923 S.E.2d 800 (N.C. 2025), the Supreme Court of North Carolina held that the... Read More
