Knowledge (XXG)

Jones v. Flowers

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717:'s argument that requiring further effort when the government learns that notice was unsuccessful would cause the government to favor methods "that do not generate additional information," such as relying entirely on regular mail instead of certified mail. The Court considered this unlikely because the government is always being asked to prove that notice is sent and received, and the documentation that certified mail provides gives the State protection against false claims that notice was never received. The Court noted that this protection "comes at a price—the State also learns when notice has not been received," information that under the circumstances of this case, the State cannot simply ignore. 765:
presumption that individuals, especially those owning property, act in their own interest." The State was accordingly free to assume that the address it had on record was correct and up-to-date, or that he had left a caretaker at the house who would inform him of the notice. Whether a method is reasonably calculated to give notice is furthermore determined at the time the notice is sent, a principle Thomas believed followed from Court precedent. He argued that the Court had abandoned this by basing its decision on information that was unavailable when notice was sent, and that all of its suggested reasonable methods were "entirely the product of
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signature, and it would have made it possible for the letter to be forwarded to him. The State also could have simply posted a notice on the front door of the home or addressed the mail to "occupant," which are steps that most states require in their tax sale statutes. The Court believed that in either case, the current occupant of the home would be likely to read the notice and attempt to alert the owner, because a change in ownership would directly affect them. The Court observed that Jones had actually first learned of the tax sale after he was alerted by one of the occupants.
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using certified mail was in itself reasonably calculated to give notice, the knowledge that the State gained when the mail was returned unclaimed obligated it to take additional reasonable steps. However, "n response to the returned form suggesting that Jones had not received notice that he was about to lose his property, the State did—nothing." The Court believed that "someone who actually wanted to alert Jones that he was in danger of losing his house would do more when the attempted notice letter was returned unclaimed, and there was more that reasonably could be done."
31: 630:, and then watched as the departing postman accidentally dropped the letters down a storm drain, one would certainly expect the Commissioner's office to prepare a new stack of letters and send them again. No one ‘desirous of actually informing’ the owners would simply shrug his shoulders as the letters disappeared and say ‘I tried.’ Failure to follow up would be unreasonable, despite the fact that the letters were reasonably calculated to reach their intended recipients when delivered to the postman." 426:. No bids were submitted, which permitted the State to negotiate a private sale of the property. Several months later, Linda Flowers submitted a purchase offer. The Commissioner mailed another certified letter to Jones at the house, attempting to notify him that his house would be sold to Flowers if he did not pay his taxes. Like the first letter, the second was also returned to the Commissioner marked "unclaimed." Flowers subsequently purchased the house at approximately a quarter of its 667: (1956), the Court held that notice of foreclosure by mailing, posting, and publication was inadequate when town officials knew that the property owner was incompetent and without a guardian's protection. The Court did not see a distinction between having such knowledge prior to attempting notice and having such knowledge after notice was sent but prior to the actual taking. Just as the government's knowledge in 515:, the Court reversed the Arkansas Supreme Court and ruled that, under the circumstances, the State's sale of Jones' property violated due process. It held that "when mailed notice of a tax sale is returned unclaimed, the State must take additional reasonable steps to attempt to provide notice to the property owner before selling his property, if it is practicable to do so." 605:, for example, the government knew that someone at the prison had signed for the letter. The knowledge that notice had failed was instead "a new wrinkle," and the question before the Court was therefore whether that knowledge constituted a circumstance that alters what notice is required. The Court believed that most 1182:
project was constitutionally insufficient. Contrary to Thomas' assertion, however, that case did not find posting notices to be "inherently unreliable;" the Court's decision actually stated instead that "in most cases, the secure posting of a notice on the property of a person is likely to offer that
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The Court believed that resending the notice by regular mail would have been a reasonable step, given that the return of the certified letter meant either that Jones was not home when the postman called, or that he no longer lived at that home. Regular mail would allow the letter to be left without a
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Thomas wrote of the Court's proposed alternatives that, "aside from being constitutionally unnecessary, are also burdensome, impractical, and no more likely to effect notice than the methods actually employed by the State." Regular mail lacks the paper trail of certified mail, and Thomas thought it
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that the government should adopt, or to attempt to redraft a State's notice statute. Instead, "he State can determine how to proceed in response to our conclusion that notice was inadequate here." The Court considered it sufficient for it to determine "that additional reasonable steps were available
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the "interest of the State" against "the individual interest sought to be protected by the Fourteenth Amendment." In this case, the Court, emphasized, "we evaluate the adequacy of notice prior to the State extinguishing a property owner's interest in a home," which the Court considered "an important
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and state supreme courts to have addressed this issue have decided that the government must do something more when it learns its attempt at notice has failed before it can sell real property in a tax sale. Many states also require by statute more than a simple notice by mail to the delinquent owner.
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if certified mail is returned, and the fact that Arkansas transfers the cost of notice to the taxpayer or the tax sale purchaser, The Commissioner offered no estimate of how many notice letters are returned, and the Court believed that nothing supported the dissent's assertion that the Commissioner
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real estate are certified each year in Arkansas, and that the Court's ruling would accordingly impose a burden on the State of locating thousands of delinquent property owners because of the "inefficiencies caused by delinquent taxpayers." Thomas instead believed that the Arkansas system requiring
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Regarding the Court's "storm drain" hypothetical, Thomas thought it actually raised a more difficult question of "when notice is sent—at the precise moment the Commissioner places the mail in the postal carrier's hand or the split second later when he observes the departing carrier drop the
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Chief Justice Roberts wrote that considering the "extraordinary power" the State is exerting against a property owner, "t is not too much to insist that the State do a bit more to attempt to let him know about it when the notice letter addressed to him is returned unclaimed." Though the method of
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after failing to receive a tax bill and pay his property taxes, and that he was obliged to ensure that the occupants of his property would alert him if it were in jeopardy. Though acknowledging that Jones should have been more diligent regarding his property, the Court rejected that any of those
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as well as earlier cases, the State argued that once it provided notice reasonably calculated to apprise Jones of the impending tax sale by mailing him a certified letter, due process was satisfied. However, the Court pointed out that in each of those prior cases, the government had subsequently
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According to Thomas, the Court's inquiry should have ended with the conclusion that the State's chosen method of notice by certified mail was reasonably calculated to inform Jones of proceedings affecting his property interest. He argued that this finding was "reinforced by the well-established
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on the ground that the two unclaimed letters sent by the Commissioner were a constitutionally adequate attempt at notice, and Jones filed a cross-motion for summary judgment. The trial court granted summary judgment in favor of the Commissioner and Flowers, concluding that the Arkansas tax sale
783:." Thomas stated that the majority's logic would require a State to consider additional means every time a doubt is raised as to whether notice has been achieved, imposing a requirement with "no natural end point" that Thomas thought effectively required "something close to actual notice." 688:
The Court proceeded to analyze whether there were additional reasonable steps that the State could have practicably taken to notify Jones of the tax sale. If there were such options for the State, the newspaper advertisement announcing the sale could not render notice adequate, because
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that notice pursuant to the normal procedure was ineffective triggered an obligation on the government's part to take additional steps to effect notice, the government's knowledge should similarly be taken into account in assessing the adequacy of notice in this case. Though Justice
680:’ dissent characterized the State's knowledge that its notice was ineffective as "learned long after the fact," the Court pointed out that it had actually received the returned notice within three weeks; under Arkansas law, it had two years before it could proceed with the sale. 756:
to property should not turn on "wrinkles" (as the Court had characterized the issue in this case) that Thomas believed were caused by Jones' own failure to protect his property. He further added that "he meaning of the Constitution should not turn on the antics of
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that actual notice is not required implied that the government is not required to take additional steps when it becomes aware that its attempt at notice has failed. He accordingly characterized the Court's ruling as "little more than a thinly veiled attack on
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was characterized as "an almost paradigmatic case pitting an individual against the state." It was also said to be the second decision that year in which Roberts had "expressed frustration with a bureaucratic response to a serious concern."
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to Jones at the house. The packet of information stated that unless Jones redeemed the property, it would be subject to public sale two years later on April 17, 2002. Nobody was home to sign for the letter, and nobody appeared at the
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When the notice of a tax sale is returned unclaimed, the Fourteenth Amendment's guarantee of due process requires the State to take additional reasonable steps to contact the property owner before it can sell his property.
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that posting notices was insufficient because the government was aware that in that particular housing project, the notices were frequently removed by children or other tenants before the intended recipients ever saw
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The means by which service of notice is attempted "must be such as one desirous of actually informing the absentee might reasonably adopt to accomplish it," Whether a particular method is adequate is determined by
705:, and then negotiating a private sale of the property." The Court considered the assertion of burden further undermined by the requirement in Arkansas that notice to homestead owners be accomplished by personal 700:
Though the Commissioner argued that even those additional steps were burdensome, the Court countered that it had instead undertaken "the burden and expense of purchasing a newspaper advertisement, conducting an
1042:) ("The fact that one of the mailings was returned by the post office as undeliverable does not impose on the state the obligation to undertake an investigation to see if a new address . . . could be located"). 1025:
2003) ("We reject the view that the enforcing officer's obligation is always satisfied by sending the notice to the address listed in the tax roll, even where the notice is returned as undeliverable"), with
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prior to a governmental taking of property, but instead only that the government attempt to give notice by a method "reasonably calculated, under all the circumstances," to inform all interested parties.
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Circuit Court against the Commissioner and Flowers, alleging that the Commissioner's failure to provide notice of the tax sale and of Jones' right to redeem resulted in the taking of his property without
1351: 729:
of his due process right to receive adequate notice. The method of certified mail furthermore made it impossible for the occupant to notify Jones, because only Jones could have signed for the letter.
650: (1972), the Court had ruled that notice of forfeiture proceedings sent to a vehicle owner's home address was inadequate when the State knew that the property owner was in prison. Similarly, in 1101:
After the Supreme Court handed down its decision, the Commissioner's chief of staff asserted that a non-certified letter and a notice to "occupant" had in fact been delivered to Jones' house. See
1117:, those assertions were not part of the record the Supreme Court could consider. To avoid confusion, this article has accordingly limited the background to the facts the case was decided upon. 516: 1225: 633:
The Court noted prior cases in which the government had been required to take notice of "unique information about an intended recipient" that it had known prior to its attempt at notice. In
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was only permissible when it was not possible or practicable to give more adequate notice. If there were no such options for the State, "it cannot be faulted for doing nothing."
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by sending notice to the jail where the property owner was imprisoned and allowing a prison official to sign for it, even though the prisoner never actually received the notice.
570: 82: 818:
The case was perceived as an interesting look into the new Roberts Court, as the new Chief Justice chose a decision for his fourth opinion that was contrary to the position of
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mail down the storm drain. That more difficult question is not before us in this case because Arkansas learned long after the fact that its attempts had been unsuccessful."
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as opened and read as the Court had speculated. He also stated that the Court had previously concluded that posting notices was "an inherently unreliable method."
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The Court did not believe that someone who actually desired to inform the owner would do nothing further when a certified letter is returned unclaimed, and
1346: 434:
notice delivered to the property. The notice was served on Jones' daughter, who contacted Jones and notified him of the unpaid taxes and the tax sale.
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The Commissioner also argued that further measures were not required because Jones had a legal obligation to keep his address updated, that he was on
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2004) ("In light of the notice's return, the County was required to use 'reasonably diligent efforts' to ascertain Akey's correct address"), and
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requires the government to take additional reasonable steps to notify a property owner when notice of a tax sale is returned undelivered. The
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the State's position by analogy. "If the Commissioner prepared a stack of letters to mail to delinquent taxpayers, handed them to the
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to retrieve the letter within the next 15 days. The post office returned the unopened packet to the Commissioner marked "unclaimed."
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statute, which set forth the notice procedure followed by the Commissioner, complied with constitutional due process requirements.
389:. However, after Jones paid off his mortgage in 1997, his wife failed to pay the property taxes, and the property was certified as 1244:, the government had failed to establish a compelling interest in prosecuting a church for its ritual use of a hallucinogenic tea. 752:, arguing that under Court precedent, the State's notice attempts clearly satisfied due process requirements. He wrote that the 714: 496: 606: 308:
to take additional reasonable steps to notify the owner before the sale could proceed. The Court's opinion was delivered by
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in 1993. Jones then moved into an apartment in Little Rock, and his wife continued to live in the house. Jones paid his
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Though this case was decided under the Fourteenth Amendment, which only applies to the states, the Court interprets its
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Two years later, and just a few weeks before the public sale, the Commissioner published a notice of public sale in the
1113:, April 27, 2006. However, because of the posture of the case when it reached the Supreme Court after decision by 1109: 1022: 422: 803:
the property owner to maintain a current address with the state taxing authority was reasonable and sufficient.
774: 565: 475:, and that attempting to provide notice by certified mail satisfied due process in the circumstances presented. 328: 526:, arguing that the State's attempts went beyond any requirements the Court's prior precedents had established. 443: 114: 652: 822:
administration lawyers, Justices Scalia and Thomas, "the court's two best-known conservatives," and Justice
1064: 1035: 1031: 1018: 973: 831: 635: 464: 153: 122: 1294: 1234: 1168: 903: 661: 644: 574: 374: 74: 1159: 332:, which held that the government need only take steps reasonably calculated to provide notice even if 1371: 1183:
property owner sufficient warning of the pendency of proceedings possibly affecting his interests."
886:. The Court's ruling will accordingly be extended to actions taken by the federal government as well. 865:, did not participate, because he was confirmed fourteen days after the case was heard for argument. 721: 927: 766: 405: 211: 749: 733: 706: 544: 523: 492: 320: 1260: 1175: 1144:
A "scofflaw" is "one who habitually violates the law or fails to answer court summonses." See
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affirmed the trial court's judgment. The court noted Supreme Court precedent stating that
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Gary Kent Jones v. Linda K. Flowers and Mark Wilcox, Arkansas Commissioner of State Lands
1310: 1237: 1210: 1179: 1171: 906: 819: 664: 615: 577: 430:. Immediately after the 30-day period for postsale redemption passed, Flowers had an 409: 215: 187: 63: 647: 1340: 690: 589: 501: 472: 382: 333: 293: 360:, which he argued implicitly dictated a result contrary to the majority's decision. 862: 627: 560: 386: 316: 297: 223: 199: 171: 77: 875: 799: 758: 726: 581: 468: 448: 414: 397: 390: 281: 732:
The Court clarified that it was not its responsibility to dictate what form of
1039: 985: 883: 827: 484: 301: 285: 126: 93: 300:. The Court ruled, 5-3, that after a mailed notice was returned unclaimed, a 1145: 791:
was just as likely that mail addressed to "occupant" would be thrown out as
89: 834:. This was the first majority opinion by Roberts to provoke any dissents. 1319: 1104:
Tax sale invalid, justices conclude – Supreme Court reverses state, 5-3
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must physically locate "tens of thousands of properties every year."
623: 552: 460: 289: 118: 344:, distinguishing the prior case on the basis that the government in 253:
Alito took no part in the consideration or decision of the case.
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heard nothing back indicating that its attempts had failed. In
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each month for 30 years, and the mortgage company paid Jones'
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did not know that its method of notice had failed before the
404:, attempted to notify Jones of his tax delinquency, and his 1226:
Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal
356:, in dissent, believed the Court was instead undermining 505:, and argued in support of the Commissioner's position. 992:
545 U.S. 1165, 126 S. Ct. 35, 162 L. Ed. 2d 933 (2005).
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for Arkansas to employ before taking Jones' property."
1352:
United States Supreme Court cases of the Roberts Court
960:, No. CIV2003-8565. Judge Timothy Davis Fox presided. 549:
Fourteenth Amendment to the United States Constitution
1240: (2006), in which the Court ruled that under the 1202:
Court Puts Teeth in 'Notice' Needed to Seize Property
844:
List of United States Supreme Court cases, volume 547
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is not achieved. The four justices who dissented in
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The Court had last addressed the issue of notice in
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Roberts, joined by Stevens, Souter, Ginsburg, Breyer
257: 244: 236: 231: 160: 145: 133: 106: 101: 69: 59: 49: 42: 23: 319:to the Court in 2005 and his first to provoke any 1255:High Court Rules Against State's Seizure of House 580: (2002) that the government did not violate 491:and state supreme courts concerning whether the 1080:Mullane v. Central Hanover Bank & Trust Co. 137:2008 Ark. LEXIS 267 (Apr. 17, 2008) (regarding 304:was required by the Due Process Clause of the 1174: (1982), which ruled that the posting of 1066:The Supreme Court, 2005 Term — Leading Cases, 588:established that due process did not require 555:and an opportunity to be heard before it may 377:, in which he lived with his wife until they 276:, 547 U.S. 220 (2006), was a decision by the 8: 1092:see Ark. Code Ann. § 26-37-301 (Supp. 2005). 913:was written by the previous chief justice, 117:Circuit Court; affirmed, 359 Ark. 443, 198 551:requires a State to provide an owner with 20: 451:. The Commissioner and Flowers moved for 373:In 1967, Gary Jones purchased a house in 113:granted to defendants, No. CIV2003-8565, 1028:Smith v. Cliffs on the Bay Condo. Ass'n. 878:protections the same as those under the 315:, his fourth majority opinion after his 1357:United States civil forfeiture case law 1329:Supreme Court (slip opinion) (archived) 1223:See also Roberts' majority decision in 854: 798:Thomas observed that 18,000 parcels of 772:Thomas believed the Court's holding in 508:In a five-justice opinion delivered by 121:520, 2004 Ark. LEXIS 722, No. 04-449, ( 1126:Ark. Code § 26-37-301(e) (Supp. 2005). 1178:notices on the doors of tenants in a 909: (2002). The majority opinion in 826:, who was expected to be the Court's 18:2006 United States Supreme Court case 7: 1187:at 452. The Court instead found in 830:following the retirement of Justice 559:his property and sell it for unpaid 539:Reasonably calculated to give notice 499:was granted leave to participate as 402:Arkansas Commissioner of State Lands 340:formed the majority with Roberts in 972:, No. 04-449, 2004 Ark. LEXIS 722 ( 713:The Court also disagreed with the 563:. The Court had recently ruled in 278:Supreme Court of the United States 36:Supreme Court of the United States 14: 1347:United States Supreme Court cases 1297:220 (2006) is available from: 1242:Religious Freedom Restoration Act 248:Thomas, joined by Scalia, Kennedy 1367:History of Little Rock, Arkansas 861:The ninth justice on the Court, 487:to resolve a conflict among the 29: 882:, which applies to the federal 529: 497:United States Solicitor General 292:to an owner before selling his 1362:2006 in United States case law 129:granted, 545 U.S. 1165 (2005). 1: 1069:120 Harv. L. Rev. 233 (2006). 948:See Ark. Code § 26-37-202(e). 939:See Ark. Code § 26-37-202(b). 725:conditions could amount to a 96:3451; 74 U.S.L.W. 4200 (2006) 1157:Thomas cited for support to 619:and irreversible prospect." 1083:, 339 U.S. 306, 315 (1950). 684:Additional reasonable steps 408:the property, by mailing a 1388: 1320:Oyez (oral argument audio) 896:Dusenbery v. United States 566:Dusenbery v. United States 483:The Supreme Court granted 329:Dusenbery v. United States 1135:Ark. Code § 26-37-104(a). 1110:Arkansas Democrat-Gazette 607:federal courts of appeals 530:Roberts' majority opinion 442:Jones filed a lawsuit in 423:Arkansas Democrat-Gazette 262: 252: 165: 150: 28: 369:Tax delinquency and sale 1107:, Michael R. Wickline. 807:Subsequent developments 653:Covey v. Town of Somers 438:State court proceedings 43:Argued January 17, 2006 1055:126 S. Ct. 979 (2006). 1003:Akey v. Clinton County 740: 715:U.S. Solicitor General 465:Arkansas Supreme Court 296:to satisfy his unpaid 264:U.S. Const. amend. XIV 156:reversed and remanded. 154:Arkansas Supreme Court 45:Decided April 26, 2006 691:notice by publication 375:Little Rock, Arkansas 88:126 S. Ct. 1708; 164 1258:, David G. Savage. 636:Robinson v. Hanrahan 479:Opinion of the Court 306:Fourteenth Amendment 930:§ 26-37-301 (1997). 832:Sandra Day O'Connor 321:dissenting opinions 284:requirement that a 212:Ruth Bader Ginsburg 1273:Greenhouse, supra. 1015:Kennedy v. Mossafa 545:Due Process Clause 493:Due Process Clause 352:occurred. Justice 176:Associate Justices 1264:, April 27, 2006. 1261:Los Angeles Times 1214:, April 27, 2006. 1176:unlawful detainer 1160:Greene v. Lindsey 1053:Jones v. Flowers, 990:Jones v. Flowers, 915:William Rehnquist 769:considerations." 471:does not require 432:unlawful detainer 428:fair market value 269: 268: 1379: 1333: 1327: 1324: 1318: 1315: 1309: 1306: 1300: 1287:Jones v. Flowers 1274: 1271: 1265: 1251: 1245: 1221: 1215: 1206:Linda Greenhouse 1199: 1193: 1155: 1149: 1146:Wiktionary entry 1142: 1136: 1133: 1127: 1124: 1118: 1115:summary judgment 1099: 1093: 1090: 1084: 1076: 1070: 1062: 1056: 1051:Motion granted, 1049: 1043: 999: 993: 983: 977: 970:Jones v. Flowers 967: 961: 958:Jones v. Flowers 955: 949: 946: 940: 937: 931: 924: 918: 893: 887: 872: 866: 859: 812:Jones v. Flowers 761:and scofflaws." 453:summary judgment 410:certified letter 342:Jones v. Flowers 273:Jones v. Flowers 161:Court membership 111:Summary judgment 33: 32: 24:Jones v. Flowers 21: 1387: 1386: 1382: 1381: 1380: 1378: 1377: 1376: 1337: 1336: 1331: 1325: 1322: 1316: 1313: 1307: 1304: 1298: 1282: 1277: 1272: 1268: 1252: 1248: 1222: 1218: 1200: 1196: 1156: 1152: 1143: 1139: 1134: 1130: 1125: 1121: 1100: 1096: 1091: 1087: 1077: 1073: 1063: 1059: 1050: 1046: 1001:Compare, e.g., 1000: 996: 984: 980: 976:Nov. 18, 2004). 968: 964: 956: 952: 947: 943: 938: 934: 925: 921: 894: 890: 880:Fifth Amendment 873: 869: 860: 856: 852: 840: 824:Anthony Kennedy 809: 743: 741:Thomas' dissent 686: 541: 532: 520:Clarence Thomas 513:John G. Roberts 481: 440: 406:right to redeem 396:In April 2000, 371: 366: 354:Clarence Thomas 313:John G. Roberts 214: 204:Clarence Thomas 202: 192:Anthony Kennedy 190: 180:John P. Stevens 139:attorney's fees 97: 44: 38: 19: 12: 11: 5: 1385: 1383: 1375: 1374: 1369: 1364: 1359: 1354: 1349: 1339: 1338: 1335: 1334: 1281: 1280:External links 1278: 1276: 1275: 1266: 1246: 1216: 1211:New York Times 1194: 1180:public housing 1150: 1137: 1128: 1119: 1094: 1085: 1071: 1057: 1044: 994: 978: 962: 950: 941: 932: 919: 888: 867: 853: 851: 848: 847: 846: 839: 836: 808: 805: 742: 739: 722:inquiry notice 685: 682: 540: 537: 531: 528: 480: 477: 444:Pulaski County 439: 436: 387:property taxes 370: 367: 365: 362: 280:involving the 267: 266: 260: 259: 255: 254: 250: 249: 246: 242: 241: 238: 234: 233: 229: 228: 227: 226: 216:Stephen Breyer 188:Antonin Scalia 177: 174: 169: 163: 162: 158: 157: 148: 147: 143: 142: 135: 131: 130: 115:Pulaski County 108: 104: 103: 99: 98: 87: 71: 67: 66: 61: 57: 56: 51: 50:Full case name 47: 46: 40: 39: 34: 26: 25: 17: 13: 10: 9: 6: 4: 3: 2: 1384: 1373: 1370: 1368: 1365: 1363: 1360: 1358: 1355: 1353: 1350: 1348: 1345: 1344: 1342: 1330: 1321: 1312: 1303: 1296: 1292: 1288: 1284: 1283: 1279: 1270: 1267: 1263: 1262: 1257: 1256: 1250: 1247: 1243: 1239: 1236: 1232: 1228: 1227: 1220: 1217: 1213: 1212: 1207: 1203: 1198: 1195: 1190: 1186: 1181: 1177: 1173: 1170: 1166: 1162: 1161: 1154: 1151: 1147: 1141: 1138: 1132: 1129: 1123: 1120: 1116: 1112: 1111: 1106: 1105: 1098: 1095: 1089: 1086: 1082: 1081: 1075: 1072: 1068: 1067: 1061: 1058: 1054: 1048: 1045: 1041: 1037: 1033: 1029: 1024: 1020: 1016: 1012: 1008: 1004: 998: 995: 991: 987: 982: 979: 975: 971: 966: 963: 959: 954: 951: 945: 942: 936: 933: 929: 923: 920: 916: 912: 908: 905: 901: 897: 892: 889: 885: 881: 877: 871: 868: 864: 858: 855: 849: 845: 842: 841: 837: 835: 833: 829: 825: 821: 816: 813: 806: 804: 801: 796: 794: 788: 784: 782: 777: 776: 770: 768: 762: 760: 755: 751: 748: 738: 735: 730: 728: 723: 718: 716: 711: 708: 704: 698: 694: 692: 683: 681: 679: 674: 670: 666: 663: 659: 655: 654: 649: 646: 642: 638: 637: 631: 629: 625: 620: 617: 611: 608: 604: 599: 594: 591: 590:actual notice 587: 583: 579: 576: 572: 568: 567: 562: 558: 554: 550: 546: 538: 536: 527: 525: 521: 518: 514: 511: 510:Chief Justice 506: 504: 503: 502:amicus curiae 498: 494: 490: 486: 478: 476: 474: 473:actual notice 470: 466: 462: 457: 454: 450: 445: 437: 435: 433: 429: 425: 424: 418: 416: 411: 407: 403: 399: 394: 392: 388: 384: 380: 376: 368: 363: 361: 359: 355: 351: 347: 343: 339: 335: 334:actual notice 331: 330: 324: 322: 318: 314: 311: 310:Chief Justice 307: 303: 299: 295: 291: 287: 283: 279: 275: 274: 265: 261: 256: 251: 247: 243: 239: 235: 232:Case opinions 230: 225: 221: 217: 213: 209: 205: 201: 197: 193: 189: 185: 181: 178: 175: 173: 170: 168:Chief Justice 167: 166: 164: 159: 155: 149: 144: 140: 136: 132: 128: 124: 120: 116: 112: 109: 105: 100: 95: 91: 85: 84: 79: 76: 72: 68: 65: 62: 58: 55: 52: 48: 41: 37: 27: 22: 16: 1286: 1269: 1259: 1253: 1249: 1224: 1219: 1209: 1201: 1197: 1188: 1184: 1158: 1153: 1140: 1131: 1122: 1108: 1102: 1097: 1088: 1078: 1074: 1065: 1060: 1052: 1047: 1027: 1014: 1002: 997: 989: 981: 969: 965: 957: 953: 944: 935: 922: 910: 895: 891: 870: 863:Samuel Alito 857: 817: 811: 810: 797: 789: 785: 780: 773: 771: 763: 744: 731: 719: 712: 699: 695: 687: 672: 668: 651: 634: 632: 621: 612: 602: 597: 595: 585: 564: 542: 533: 507: 500: 482: 458: 441: 421: 419: 395: 372: 357: 345: 341: 337: 327: 325: 317:confirmation 272: 271: 270: 258:Laws applied 224:Samuel Alito 219: 207: 200:David Souter 195: 183: 172:John Roberts 102:Case history 81: 53: 15: 1372:Foreclosure 876:due process 759:tax evaders 582:due process 469:due process 449:due process 415:post office 398:Mark Wilcox 282:due process 1341:Categories 1040:per curiam 1034:536, 541 ( 1021:607, 611 ( 1009:231, 236 ( 884:government 828:swing vote 800:delinquent 727:forfeiture 485:certiorari 463:, and the 391:delinquent 364:Background 134:Subsequent 94:U.S. LEXIS 92:415; 2006 60:Docket no. 988:granted, 928:Ark. Code 911:Dusenbery 850:Footnotes 793:junk mail 781:Dusenbery 775:Dusenbery 750:dissented 624:satirized 616:balancing 603:Dusenbery 598:Dusenbery 596:Based on 586:Dusenbery 379:separated 358:Dusenbery 346:Dusenbery 338:Dusenbery 90:L. Ed. 2d 70:Citations 1285:Text of 838:See also 767:post hoc 745:Justice 669:Robinson 522:filed a 489:Circuits 461:appealed 383:mortgage 294:property 237:Majority 1302:Findlaw 1038:2000) ( 1011:2d Cir. 734:service 707:service 703:auction 628:postman 547:of the 524:dissent 517:Justice 245:Dissent 146:Holding 125:2004); 64:04-1477 1332:  1326:  1323:  1317:  1314:  1311:Justia 1308:  1305:  1299:  1189:Greene 1032:N.W.2d 1030:, 617 1019:N.E.2d 1017:, 789 1005:, 375 898:, 747:Thomas 678:Thomas 553:notice 459:Jones 400:, the 350:taking 290:notice 222: 220:· 218:  210: 208:· 206:  198: 196:· 194:  186: 184:· 182:  119:S.W.3d 1293: 1233: 1192:them. 1167: 1036:Mich. 986:Cert. 902: 754:title 673:Covey 660: 643: 573: 561:taxes 302:state 298:taxes 288:give 286:state 127:cert. 107:Prior 1295:U.S. 1235:U.S. 1169:U.S. 1023:N.Y. 1007:F.3d 926:See 904:U.S. 820:Bush 671:and 662:U.S. 645:U.S. 575:U.S. 557:take 543:The 83:more 75:U.S. 73:547 1291:547 1238:418 1231:546 1185:Id. 1172:444 1165:456 974:Ark 907:161 900:534 665:141 658:351 641:409 578:161 571:534 123:Ark 78:220 1343:: 1289:, 1229:, 1208:. 1204:, 1163:, 656:, 648:38 639:, 569:, 393:. 323:. 1148:. 917:. 141:) 86:) 80:(

Index

Supreme Court of the United States
04-1477
U.S.
220
more
L. Ed. 2d
U.S. LEXIS
Summary judgment
Pulaski County
S.W.3d
Ark
cert.
attorney's fees
Arkansas Supreme Court
John Roberts
John P. Stevens
Antonin Scalia
Anthony Kennedy
David Souter
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito
U.S. Const. amend. XIV
Supreme Court of the United States
due process
state
notice
property
taxes

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