Jones V. Flowers - Opinion of The Court

Opinion of The Court

The Supreme Court granted certiorari to resolve a conflict among the Circuits and state supreme courts concerning whether the Due Process Clause requires the government to take additional reasonable steps to notify a property owner when notice of a tax sale is returned undelivered. The United States Solicitor General was granted leave to participate as amicus curiae, and argued in support of the Commissioner's position.

In a five-justice opinion delivered by Chief Justice John G. Roberts, the Court reversed the Arkansas Supreme Court and ruled that, under the circumstances, the State's sale of Jones' property violated due process. It held that "when mailed notice of a tax sale is returned unclaimed, the State must take additional reasonable steps to attempt to provide notice to the property owner before selling his property, if it is practicable to do so." Justice Clarence Thomas filed a dissent, arguing that the State's attempts went beyond any requirements the Court's prior precedents had established.