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· 12/10/1956

Nelson v. City of New York

Citations

  • 352 U.S. 103
  • 77 S. Ct. 195
  • 1 L. Ed. 2d 171
  • 1956 U.S. LEXIS 34

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that notice of foreclosure was sufficient because the city had \taken steps to notify appellants of the arrearages and foreclosure proceedings and their agent having received such notices\
  • stating that “relief from the hardship imposed by a state statute is the responsibility of the state legislature and not of the courts”
  • noting that the relevant ordinance did not preclude the owner from obtaining surplus proceeds
  • finding no Takings Clause violation because New York City had a process for returning surplus value after it sold foreclosed property
  • finding that because the New York City ordinance did not absolutely preclude an owner from obtaining the surplus proceeds of a judicial sale, but instead simply defined the process through which the owner could claim the surplus, we found no Takings Clause Violation
  • rejecting a similar argument that municipal authorities “should have known from the state of the records . . . that mailed notice would probably be ineffective.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Warren

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.