West Virginia Tax Sale Taking Suit Dismissed by Federal Court

A lawsuit accusing West Virginia of committing an unconstitutional taking by conducting a tax sale and not providing the funds exceeding the debt was dismissed by a federal district judge.

Anthony D. Wright “neglected” to claim the surplus value of his home, not taking advantage of a “generous” two-year window to recover the funds, Chief Judge Frank W. Volk said. Wright failed to make a valid Fifth Amendment claim, the US District Court for the Southern District of West Virginia said.

Neither is there an Excessive Fines Clause violation, like Wright alleged, because the tax foreclosure scheme isn’t meant to ...