Owner GuardianTyler v. Hennepin County: What It Means for Former Owners
By the Owner Guardian Team · Published · Updated
In 2023 the U.S. Supreme Court said a government cannot keep more than it is owed when it takes and sells a home for unpaid taxes. Here is what that means in practice.
The case
Geraldine Tyler, then in her 90s, owned a condominium in Minneapolis. She fell behind on property taxes, and Hennepin County took the condo and sold it for $40,000 to cover a tax debt of about $15,000. Under Minnesota law at the time, the county kept the entire $40,000. She sued.
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The decision
On May 25, 2023, the Supreme Court ruled unanimously in her favor (Tyler v. Hennepin County, 598 U.S. 631). Chief Justice Roberts wrote that a taxpayer who loses property worth more than the debt has suffered a taking under the Fifth Amendment, and the county could not keep the surplus. “The taxpayer must render unto Caesar what is Caesar's, but no more.”
How Minnesota responded
The Legislature created a surplus claim process in Minn. Stat. §282.005. Counties must notify interested parties of a surplus within 60 days of a sale, and those parties have six months from the mailing of the notice to claim. Counties such as Hennepin now post surplus notices for properties that forfeited after January 1, 2024. See our Minnesota guide and the Hennepin County page.
Older Minnesota forfeitures
For some forfeitures before the new law, a separate class-action settlement exists. Counties direct former owners and lienholders to MNTaxForfeitureSettlement.com.
What about California?
California already returned excess proceeds to parties of interest under Rev. & Tax. Code §4675, which is why its process looks different (a one-year claim window from deed recording). See our California guide.
What it means for you
- If your property was taken and sold for more than you owed, you may have a right to the difference. Check with the county.
- Deadlines still apply. Tyler did not create an open-ended right to claim.
- You can claim directly from the county for free.
Frequently asked questions
Did Tyler v. Hennepin apply only to Minnesota?
The ruling interprets the U.S. Constitution, so it affects every state. Several states with laws like Minnesota's changed them afterward.
Can I claim under Tyler if my property was sold years ago?
It depends on the state, the forfeiture date, and any settlement or statute of limitations. In Minnesota, some older forfeitures fall under a class-action settlement.
Published October 2026. General information, not legal advice.