Friday, January 13, 2006

LII Previews Notice Case to Be Argued Next Week before the Supreme Court

Jones v. Flowers, a due process/notice case, is set to be argued before the Supreme Court next week on January 18, 2006. Here is a portion of the summary of the case provided by Cornell's Legal Information Institute:

The due process clause of the Fourteenth Amendment requires the government to give "reasonably calculated" notice to inform an affected party of an upcoming governmental proceeding. The issue before the Court is whether, when mailed notice of a tax sale or property forfeiture is returned undelivered, due process requires the government to take additional steps to locate the owner before taking the property. A holding that the government is required to take additional steps may subject the government to significant administrative burdens and undermine the process of transferring property rights. A holding that due process does not require the government to take additional steps may make property from tax sales more transferable, but may also deprive property owners of their constitutional right to due process.

The full preview of the case can be viewed by clicking here.


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