Cert. Granted in Case to Determine Contours of Due Process Requirement of Notice

On September 27, 2005 the Supreme Court granted review in a case that will further explicate the notice obligations of a state government under the Due Process Clause. The question presented to the Court was as follows:

"When mailed notice of a tax sale or property forfeiture is returned undelivered, does due process require the government to make any additional effort to locate the owner before taking the property?"

Here's the summary from the cert. petition:

"In the decision below, the Arkansas Supreme Court held that, when notice of a tax sale is returned undelivered, due process does not require the government to make any additional efforts to locate the owner before selling his property. The court acknowledged that other courts have held that due process requires further efforts when notice is returned, but reaffirmed its own contrary precedent. The Arkansas Supreme Court's decision deepens an already intractable conflict among the state and federal courts and also is in conflict with this Court's precedents. The question presented, which arises often in the context of tax sales and property forfeitures, is of national importance."

You can view the cert. petition by clicking here: Jones v. Flowers Cert. Petition (2005 WL 1105232).

The grant of review is located at 73 USLW 3703 (2005 WL 1105232).