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Federal Appeals Court Strikes Down Maryland Tax Sale Statute

Aug. 2, 2022, 8:15 PM

A Maryland law favoring county residents and workers at auctions of tax-delinquent properties is unconstitutional, the Fourth Circuit ruled in a suit brought by out-of-state real estate investors.

The law violates the privileges and immunities clause of the US Constitution because “it tramples on fundamental rights to own property and pursue a chosen profession without advancing any substantial state interests,” the US Court of Appeals for the Fourth Circuit ruled Tuesday in an opinion by Senior Judge Henry F. Floyd.

N. Tucker Meneely of Council, Baradel, Kosmerl & Nolan PA, who represented the parties challenging the law, said ...