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The content displayed is for general information purposes only; always verify account details and availability with the financial institution before opening an account. We are not affiliated with the financial institutions included in this website. In that case, the state statute allowed for the sale of real property where the payment of property taxes had been delinquent for a specified period of time.
The statute required notice by publication to advertise the sale and notice by mail to the owner of the property subject to sale. The statute, however, did not provide for actual notice to a mortgagee of the property. As a result, property could be sold free of all liens and encumbrances without actual notice being provided to a mortgagee. The United States Supreme Court found that notice by publication did not adequately protect the property interests of a mortgagee for the purposes of due process.
The statute in question in Mennonite Board of Missions v. Adams , supra, U. Although the statute provided for notice by mail to the owner of the right to redeem, no such notice to a mortgagee was required. Although the statute provides for notice by mail to the owner of the property and notice by publication to advertise the sale, the statute does not provide for actual notice to a lienholder on the property.
Under the statute, the property can be sold free of all liens without notice being accorded to a lienholder. Thus, the lienholder in this case and the mortgagee in Mennonite Board of Missions v. Notice by publication is "designed primarily to attract prospective purchasers to the [public] sale, [and is] unlikely to reach those who, although they have an interest in the property, do not make special efforts to keep abreast of such notices. In this case, because the plaintiff's lien and identity are readily determinable from the department's records, constructive notice alone would not satisfy the requirements of due process.
Although the state requires the garage owner to notify the owner of the vehicle, such notice does not translate into notice for the lienholder. Furthermore, because notice by publication is a less reliable method of informing lienholders, such notice is not reasonable where inexpensive and efficient mechanisms exist for providing actual notice.
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See id. Even where a party has the "ability to take steps to safeguard its interests. In this case, the administrative burden to the department would not be so great. The department could provide a certificate of title to a garage owner where a lien existed on the vehicle, and any cost for providing the certificate could be borne by the garage owner.
The garage owner could then be required under the statute to provide notice by mail to the lienholder.
Testimony at trial revealed that, in the past, the department had charged a nominal fee for providing a copy of a certificate of title. The plaintiff contends that Caron Auto's sale of the vehicle constituted a conversion of its lien interest. Before we can consider the merits of this claim, however, we must determine whether a person who acts pursuant to a statute that is subsequently declared unconstitutional can face personal liability for its actions. Under the historic "void ab initio" rule, a statute declared to be unconstitutional was, "in legal contemplation, as inoperative as though it had never been passed.
Shelby County , U. Sutherland, Statutes and Statutory Construction 5th Ed.
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Such a statute was deemed to have no legal effect and, in turn, offered no retroactive protection from civil liability for actions taken in reliance on it. See Sutherland, supra; see, e. Costello , 77 Idaho , P. The United States Supreme Court, however, in an effort to address equitable and practical concerns, has moved away from the principle of void ab initio. According to the court, "[t]he actual existence of a statute, prior to [a constitutional] determination, is an operative fact and may have consequences which cannot justly be ignored. The effect of the subsequent ruling as to invalidity may have to be considered in various aspects — with respect to particular relations.
Baxter State Bank , U.
The court also stated that "[h]owever appealing the logic of [void ab initio] may have been in the abstract, its abandonment reflected our recognition that statutory. This fact of legal life underpins our modern decisions recognizing a doctrine of nonretroactivity. Kurtzman , U. In response to the abandonment of the principle of void ab initio, a number of jurisdictions have adopted tests of reasonableness and good faith to determine the consequences of conduct undertaken pursuant to a statute subsequently deemed invalid.
Western Coach Corp. Jacobs , A.
Selig , A. Eskridge , Md.
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State , Md. Blessing , 90 R. Those jurisdictions have concluded that, generally, it would be an injustice to penalize a person for actions taken under a statute that was valid at the time of the conduct. We join those jurisdictions, and recognize that citizens have the right to accept statutory law as written until it is repealed or invalidated; citizens are not required to speculate on the constitutionality of a statute before acting under it. We, therefore, hold that citizens will not face personal liability for acting reasonably and in good faith reliance on the provisions of a statute that is later declared unconstitutional.
As a result, the plaintiff may not recover on its claim for damages. Back to Results.
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