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MMLU / The owner of real estate neglected to pay his real estate tax bills. The county…

Problem

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question

The owner of real estate neglected to pay his real estate tax bills. The county tax bureau sent a notice by certified mail to him at the property address informing that the property would be sold at a public sale if the taxes were not paid. Nobody was home to sign for the letter and nobody claimed it. It was returned to the county marked "unclaimed." One year later the property was advertised in the local newspaper and exposed to public sale. Prior to completing the sale, the county sent another notice to the owner that came back "unclaimed." The buyer at the sale tried to evict the owner. The owner filed a complaint against the county and the buyer claiming a taking of his property without due process. The state courts held that the procedure complied with due process notice. The case came before the U.S. Supreme Court. What was the likely decision of the Supreme Court regarding the method of notice provided here?

choices

  1. Additional attempts at notice are required if at all possible when the county knows in advance that its methods were returned as unclaimed.
  2. The notice was adequate because it was sent twice and was fairly calculated to get to the right person.
  3. Certified mail addressed to the owner of the property is always sufficient notice for due process purposes.
  4. The county's notice was inadequate because it must have the sheriff serve the notice personally on the owner under U.S. Supreme Court precedent.

subject

professional_law

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