The estate of a Michigan resident alleging a county failed to adequately compensate it for a tax foreclosure got the backing of a UCLA law professor Friday, who told the US Supreme Court the action is subject to the Eighth Amendment.
The forfeiture is a form of punishment to enforce compliance, making it subject to constitutional scrutiny, Beth A. Colgan said in an amicus brief in favor of the estate. She stopped short, however, of calling the loss of property an excessive fine, but said the forfeiture has the potential to be at least partially punitive.
Michael Pung, the representative ...