DeKalb GA News

A Nebraska widower, Kevin Fair, has regained ownership of his home after losing it due to a $600 debt and what has been described as an "unconstitutional Nebraska law." The law had allowed Continental Resources to take over the property. This development comes following a legal battle that began in 2018 and concluded with decisions in Fair's favor by both the Nebraska and U.S. Supreme Courts.

Christina Martin, senior attorney at Pacific Legal Foundation, expressed satisfaction with the outcome: “We are so happy that Kevin can stay in his home that he shared with his late wife.” She emphasized the constitutional protection of home equity, stating, “The government can’t take it without paying just compensation.”

Fair's situation worsened when he suffered a stroke last month. To accommodate his needs, such as installing a ramp for his walker, and to manage an impending tax bill accrued before he could file for a senior exemption, a GoFundMe campaign was launched.

Earlier this year, WND reported on the final ruling from Nebraska's state court which reversed its decision after guidance from the U.S. Supreme Court. The case highlighted a growing trend where homeowners lose their properties and equity due to unpaid taxes sold to investors.

Kevin Fair lost his $60,000 home over a tax bill totaling $5,268. After selling the home, he received nothing. The issue began when Fair left his job in 2013 to care for his wife diagnosed with multiple sclerosis. Falling behind on property taxes led Scottsbluff County to sell a tax lien to Continental Resources.

The legal team noted another similar case involving Sandra who also lost her home under comparable circumstances. Both individuals sued with assistance from Legal Aid of Nebraska but initially faced rejection from the state's high court.

Pacific Legal Foundation intervened by appealing to the U.S. Supreme Court. In May of last year, another PLF case — Tyler v. Hennepin County — set precedent by ruling that taking more than owed violates the Fifth Amendment’s Takings Clause.

Following this ruling, Kevin’s and Sandra’s cases were sent back to Nebraska’s Supreme Court which ruled they must be compensated for excess equity beyond their tax debts. The trial court is now tasked with determining compensation amounts based on property values.

Financial difficulties initially caused Fair's tax payment failure while communication ceased as Continental assumed payments leading up to their acquisition attempt including all equity through fees assessed at 14%.

Nebraska law previously permitted private collectors such windfalls against owners like Kevin until changed post-Supreme Court decision affirming private property rights requiring just compensation if confiscated.