Fay v. Crozer

Background

A dispute reached the Court by a direct appeal from the federal circuit court in southern West Virginia. The case involves a former landowner who claimed title and a rival claimant who asserts title under the State because of a state constitutional rule that forfeits land for five years’ failure to pay taxes. The filing asked the Court to review whether that constitutional forfeiture is valid and whether the former owner’s title had been lost.

Reasoning

The Court relied on earlier decisions that had considered similar forfeiture issues and statutes. Saying those precedents already uphold the state constitutional forfeiture, the Court concluded the constitutional provision must stand. It explained that the only disputed question remaining was factual — whether the specific facts showed the required five years’ tax neglect — and that such factual contests are for a case between the former owner and the state claimant. The Court therefore dismissed the direct appeal because the legal question was settled by prior cases.

Real world impact

Because the Court dismissed the appeal and affirmed the governing legal rule, West Virginia’s constitutional forfeiture provision remains enforceable. Property owners who do not pay taxes for five years may lose title under the state rule, and former owners must press factual challenges against state claimants in ordinary trials. The Supreme Court indicated it would not reopen settled law on this issue here, leaving disputes to be decided on the facts in lower courts.