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Jones v. Flowers

Supreme Court of the United States · 2006 · Civil Procedure

noticedue processreturned mailreasonably calculatedDue Process Clausetax salenoticecertified mail

Facts

After Jones's mortgage was paid off, his property taxes went unpaid and the property was certified as delinquent. The Arkansas Commissioner of State Lands sent certified mail notice to Jones at the house address stating that the property would be sold if not redeemed, but the letter was returned unopened and marked "unclaimed." Two years later, after publication notice and a failed public sale, the Commissioner sent a second certified letter to the same address regarding a private sale, and that letter too was returned "unclaimed." The State then sold the house to Flowers without taking any other steps to notify Jones.

Issue

When the State sends notice of a tax sale by certified mail and the letter is returned unclaimed before the property is sold, does the Due Process Clause require the State to take additional reasonable steps to notify the owner if it is practicable to do so?

Rule

Due process does not require actual notice, but it does require notice reasonably calculated, under all the circumstances, to apprise interested parties of the pending action. When the government learns before taking property that its mailed notice attempt has failed because the notice was returned unclaimed, it must take additional reasonable steps to attempt notice before selling the property, if practicable to do so. Publication alone is not enough where more adequate warning is reasonably possible and practicable.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

A county treasurer in Toledo, Ohio sent certified mail to Elena Ruiz at her duplex address, notifying her that her rental property would be sold for unpaid taxes if not redeemed. The letter was returned marked "unclaimed" three weeks before the scheduled sale, but the county proceeded with the sale after doing nothing further.

Did the county satisfy due process?

Explanation. Due process does not require actual notice, but it does require notice reasonably calculated under all the circumstances. When the government learns before taking property that its mailed notice was returned unclaimed, that new information matters. It cannot simply do nothing if additional reasonable steps are practicable. The constitutional defect is not failure to guarantee receipt, but failure to take reasonable follow-up action after learning the initial attempt failed.