West Virginia Siblings Score Win in Tax Foreclosure Taking Suit

Two siblings proved that Wood County, W. Va., committed an unconstitutional taking by conducting a tax sale and retaining the proceeds exceeding their debt, a federal district court said.

Wood County didn’t take absolute title to the property, but it was responsible for transferring the tax deed to a third party, so it’s liable for taking Anastasia Reutelshofer and Kenneth Grady’s home, the US District Court for the Southern District of West Virginia said Tuesday.

And it was “undisputed” that the taking was uncompensated, the court said. “Not only did Plaintiffs not receive the equity in their property in excess ...