Jones v. Flowers

Background

Gary Jones owned a Little Rock house but moved out after separating from his wife. After his mortgage was paid off, property taxes went unpaid and the State certified the property delinquent. The Commissioner mailed a certified letter to the house warning of a public sale in two years; the post office returned it “unclaimed.” Later the State published a sale notice, received no bids, negotiated a private sale to Linda Flowers, and mailed a second certified letter to Jones; it too was returned “unclaimed.” Flowers bought the house for $21,042.15 while its agreed fair market value was $80,000. Jones learned of the sale when his daughter was served an unlawful detainer and sued claiming inadequate notice. Arkansas courts found the statutory notice procedure adequate; the U.S. Supreme Court reversed.

Reasoning

The Court said the Constitution requires notice reasonably likely to reach an owner, and that when the government learns before taking that mailed notice failed it must take additional reasonable steps if practical. The Court applied Mullane: a sender must act as someone who wants to inform the absentee. A certified letter returned “unclaimed” suggests the owner was not reached or had moved. Reasonable follow-ups include resending by regular mail, posting notice on the door, or addressing mail to “occupant.” The Court said the State need not conduct broad searches of phonebooks or records and rejected arguments that an owner’s duty to update his address or general awareness of tax delinquency alone excuse the State.

Real world impact

This ruling requires states, when practicable, to try additional simple steps after certified mail is returned unclaimed before selling a home. Property owners get stronger protection against losing a home without meaningful notice. States retain flexibility to choose methods and may shift notice costs by statute, but governments may face added administrative steps in some cases.

Dissents or concurrances

Justice Thomas, joined by Justices Scalia and Kennedy, dissented. They said certified mail to the record address plus newspaper publication satisfied due process and that extra requirements would unduly burden States.