· 4/15/1840
Bean v. Burbank
Citations
- 16 Me. 458
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that, “[f]or nearly 60 years, Mullane [v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. 865 (1950),] has alerted American lawyers that notice provisions prescribed in state statutes may not be constitutionally sufficient”
- noting that “[u]nder Jones, the least that could be expected is that a regular-mail letter be sent; if not returned, the sender could presume that it was received where there is no question about the correctness of the address.” (Emphasis added.)
- requiring additional steps when notice of right to redeem real property after a tax sale was returned unclaimed
- “[Sending certified mail to Hardy’s known and actual residence ... seems reasonably calculated to notify Hardy of her redemption rights— until the sender learns that the notice was unclaimed.”
- “[t]he state has an interest in the economical and expeditious determination of tax liability . . . [t]he state, however, has no such interest in expeditiously cutting off redemption rights of a property owner in favor of a tax sale purchaser”
Source: CourtListener parenthetical corpus (CC0).
Judges: Weston
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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