How is tax lien sale NOT unconstitutional? (money, government, states)

[ncole1]

The Fifth Amendment says the government cannot take private property without providing just compensation. So how is it NOT a violation of the 5th amendment for a house to be taken by state/local authorities for taxes or other fees owed which are only a small fraction of the property value, without giving the owner a check for the difference? In some states this is the normal procedure, however, what is the argument that this is constitutional?

[CapnTrips]

I would think that the govt cannot keep more than you owe them. What states would keep the extra money from an auction? Do you have any cites to statutes, cases, etc?

[robr2]

Originally Posted by ncole1

The Fifth Amendment says the government cannot take private property without providing just compensation. So how is it NOT a violation of the 5th amendment for a house to be taken by state/local authorities for taxes or other fees owed which are only a small fraction of the property value, without giving the owner a check for the difference? In some states this is the normal procedure, however, what is the argument that this is constitutional?

Depending on the tax jurisdiction, they are not taking the home. They are simply auctioning off the tax lien. Whoever buys the tax lien then has to collect in order to get their money back. Typically it the lien isn't paid by a certain date, then the owner of the lien can foreclose. You the owner would get whatever is left after the sale of the home after all the liens have been satisfied.