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Jones v. Flowers | 547 U.S. 220 (2006)
How hard must a state agency try to locate a property owner before selling the owner’s land for unpaid taxes? The United States Supreme Court considered this question in the 2006 case of Jones versus Flowers.
Gary Jones owned a house in Little Rock, Arkansas. When he and his wife divorced, he moved out but continued to make the mortgage payments. During the mortgage term, the mortgage company paid the property taxes. But once the mortgage was paid off, the property taxes went unpaid.
Pursuant to state law, the commissioner of state lands sent Jones a certified letter at the residence address, advising Jones to pay his back taxes within two years. Otherwise, the property would be sold. Nobody signed for the certified letter, and after it went unclaimed for fifteen days, it was returned to the commissioner’s office.
Two years later, the commissioner published a notice of public sale in a statewide newspaper. Jones didn’t respond, so the commissioner negotiated a sale of the house to Linda Flowers. The commissioner then mailed another certified letter to Jones at the residence address, warning that the residence would be sold to Flowers if Jones didn’t pay his taxes. That letter was also returned undelivered. The commissioner then sold the residence to Flowers. Flowers delivered an unlawful detainer notice to the residence. Jones’s daughter received it and then informed Jones about the tax sale.
Jones sued the commissioner and Flowers in Arkansas state court, claiming that the commissioner’s failure to notify Jones prior to the tax sale constituted a taking without due process. The trial court granted summary judgment to Flowers and the commissioner, and the Arkansas Supreme Court affirmed. The United States Supreme Court granted Jones’s cert petition.
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