July 30, 2025 • 8 mins
This is an excellent question amid Governor DeSantis’s effort to put an end to property taxes, on at least homestead property, in Florida next year.
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Episode Transcript
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Speaker 1 (00:03):
You have questions. Brian has answers. It's time for today's
Q and A of today. This is the Brian Mud Show.
Today's Q and A. Our property tax is unconstitutional. This
is brought to you by Melissa to Ashes check Mark collections.
Each day I feature a listener question that is sent
by one of these methods. You may email me Brian
(00:24):
Mudd at iHeartMedia dot com, hit me up on social
It's Brian Mud Radio. May also use the iHeartRadio talkback
feature we.
Speaker 2 (00:30):
Want to love it. If you would love us, go
into the iHeartRadio app. I Guess You're number one. Preset
the Brian Mudshow podcast number two. Pre set that we
were always there for you for free on demand. Happy day.
And you also see a little microphone button. You see
that button, you tap it. You may lay down a
message right there. Could be pretty much anything you want.
Could be showing Joels love which he appreciates. It could
(00:52):
be for a topic or question for a future Q
and A which which I love and U and on
that note today these note is this Abbrian Modradio. Property
taxes should be illegal? Keep preaching. Has Scotus ever ruled
on property taxes?
Speaker 1 (01:11):
Okay?
Speaker 2 (01:11):
Good, question. Dive into that here there is independent of
the debate over property taxes we're currently having in Florida.
Talk about maybe lessening the burden of one form of
property taxation from the federal level. President Trump is floating this,
Here's Foxes. Jerry Willis white House is exploring a novel
(01:34):
move removing capital gains taxes on home sales. Yes, so
that would be nice, huh. I mean, you know what'd
be better though, getting rid of capital gains taxes period.
Firmly believe we should not have any capital gains taxes
on anything that money's already been taxed to begin with.
So anyway, excellent question about Scotis and property taxes, and
(01:58):
of course we have governed DC to his effort to
put an end to property taxes at least on homesteaded
property in Florida next year. Now, the answer is that
the Supreme Court has taken up numerous cases every time
that have challenged aspects of property taxation. But actually the
most recent case being in twenty twenty three and ruling
that rained in property tax abuse by a local government.
(02:19):
So I'm going to come back to that case in
a moment, however, and perhaps Notably, the US Supreme Court
has not taken up a direct challenge to the constitutionality
of property taxation itself as like a general practice at
least that I could find, and I pulled all Scotis
cases involving property taxes historically. Now, the earliest Supreme Court
ruling I could find that had implications for property taxes
(02:43):
was the eighteen thirty Providence Bank versus Billings case. And
Joel was looking into Joe Biden's role in this this case.
I believe he testified in that case, testified, okay, so
he was all right. So, without getting in to the
weeds of this nearly two hundred year old case, the
(03:04):
Supreme Court upheld the right of states to broadly imposed
taxation under the Tenth Amendment, provided taxation doesn't violate federal clauses.
Since the eighteen thirty ruling, the Supreme Court has taken
up a smattering of cases that have involved procedural challenges
two aspects of property taxation, but seemingly with the premise
(03:24):
that property taxes are a legitimate exercise of state taxing power,
provided that they comply with constitutional protections like the Fifth
Amendments taking's clause or the Fourteenth Amendments to process in
equal protection clauses, or basically that everyone within a jurisdiction
is treated equally under the law for a like property type.
(03:46):
You can say this group of people, we're going to
charge you this much, this group that much.
Speaker 1 (03:49):
You know that type of thing.
Speaker 2 (03:50):
So now I mentioned that the most recent related ruling
took place in twenty twenty three, so let's look at that.
In the case Eiler versus Hennepin County, Minnesota, the Supreme
Court issued a unanimous a nine to zero decision and
limiting a government's ability to seize and sell a property
(04:13):
to satisfy tax step. In the case in question, the
county foreclosed on a property, sold it, and then realized
a twenty five thousand dollars serplus in excess of all
outstanding obligations. The owner sued under the Fifth Amendment's takings clause,
which states property may not be taken by a government
(04:33):
without just compensation. This is the clause that comes up
anytime government seized property under the guise of imminent domain.
For example. Now, the court found in favor of the
owner with a broad ruling establishing president that more property
or value from seize property may not be seized by
(04:54):
governments than a zote. So what we've seen most historically
is a Supreme Court that has permitted property taxation as
essentially a state's rights kind of issue. It's a state's
right issue with a Supreme court that has taken a
current Supreme court for that matter, that's taken a strong
(05:14):
stands to limit potential abuses by local governments through property taxation. Now,
with that said, I would argue and do the property
taxes are fundamentally Unamerican. As I've said many times, do
you ever really own your property if the government can
just take it away from you for not paying your
(05:35):
taxes annually to retain it. And for that reason, I
also believe they are fundamentally unconstitutional. I believe there is
a constitutional argument here. Property rights are protected under both
the Fifth and Fourteenth Amendments. The fifth states no person
shall be deprived of life, liberty, or property without due
(05:57):
process of law, nor shall private property be taken for
public use without just compensation. The fourteenth elaborates stating no
state shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United states.
Nor shall any state deprive any person of life, liberty,
or property without due process of law, nor deny to
(06:21):
any person within its jurisdiction the equal protection of laws. Well,
let me ask you this, and this is the big
philosophical constitutional question here. If property taxes are imposed that
cannot be afforded by the owner of property, is that
not depriving a person of that property without due process?
(06:42):
How is their due process involved in that? You have
a government that says, now you owe us this much.
Where was the due process? You're just holding the gun
to my head and saying you're going to pay us
what we tell you, You're going to pay us, or
we're going to take your property from you. Right, Yeah,
I get your point. Yeah, So I think there should
(07:05):
be a direct challenge to the suprime. It doesn't mean
even if somebody brought the case that they would take it.
But I think there is a very open constitutional question
about this. I believe it is patently on American, and
I think that part is unarguable. I think property taxes
being un American is an inarguable thing. The only thing
is whether you can try to squeeze some sunlight into
the constitutional argument The bottom line is it's just a
(07:27):
falsome premise that it had been embraced. See property taxes
predate our country. The first records of imposed property taxes
date back to the colonies. You can find records as
far back as sixteen thirty four when property taxes were
imposed on settlers for land and livestock and the Massachusetts
Bay Colony. It's what England used to do to the colonies,
(07:49):
and it's one of the many taxes that should have
ended with the American Revolution. So, if nothing else, hopefully
and Florida will have the opportunity to end them on
at least homestead of properties next year.
You have questions. Brian has answers. It's time for today's
Q and A of today. This is the Brian Mud Show.
Today's Q and A. Our property tax is unconstitutional. This
is brought to you by Melissa to Ashes check Mark collections.
Each day I feature a listener question that is sent
by one of these methods. You may email me Brian
(00:24):
Mudd at iHeartMedia dot com, hit me up on social
It's Brian Mud Radio. May also use the iHeartRadio talkback
feature we.
Speaker 2 (00:30):
Want to love it. If you would love us, go
into the iHeartRadio app. I Guess You're number one. Preset
the Brian Mudshow podcast number two. Pre set that we
were always there for you for free on demand. Happy day.
And you also see a little microphone button. You see
that button, you tap it. You may lay down a
message right there. Could be pretty much anything you want.
Could be showing Joels love which he appreciates. It could
(00:52):
be for a topic or question for a future Q
and A which which I love and U and on
that note today these note is this Abbrian Modradio. Property
taxes should be illegal? Keep preaching. Has Scotus ever ruled
on property taxes?
Speaker 1 (01:11):
Okay?
Speaker 2 (01:11):
Good, question. Dive into that here there is independent of
the debate over property taxes we're currently having in Florida.
Talk about maybe lessening the burden of one form of
property taxation from the federal level. President Trump is floating this,
Here's Foxes. Jerry Willis white House is exploring a novel
(01:34):
move removing capital gains taxes on home sales. Yes, so
that would be nice, huh. I mean, you know what'd
be better though, getting rid of capital gains taxes period.
Firmly believe we should not have any capital gains taxes
on anything that money's already been taxed to begin with.
So anyway, excellent question about Scotis and property taxes, and
(01:58):
of course we have governed DC to his effort to
put an end to property taxes at least on homesteaded
property in Florida next year. Now, the answer is that
the Supreme Court has taken up numerous cases every time
that have challenged aspects of property taxation. But actually the
most recent case being in twenty twenty three and ruling
that rained in property tax abuse by a local government.
(02:19):
So I'm going to come back to that case in
a moment, however, and perhaps Notably, the US Supreme Court
has not taken up a direct challenge to the constitutionality
of property taxation itself as like a general practice at
least that I could find, and I pulled all Scotis
cases involving property taxes historically. Now, the earliest Supreme Court
ruling I could find that had implications for property taxes
(02:43):
was the eighteen thirty Providence Bank versus Billings case. And
Joel was looking into Joe Biden's role in this this case.
I believe he testified in that case, testified, okay, so
he was all right. So, without getting in to the
weeds of this nearly two hundred year old case, the
(03:04):
Supreme Court upheld the right of states to broadly imposed
taxation under the Tenth Amendment, provided taxation doesn't violate federal clauses.
Since the eighteen thirty ruling, the Supreme Court has taken
up a smattering of cases that have involved procedural challenges
two aspects of property taxation, but seemingly with the premise
(03:24):
that property taxes are a legitimate exercise of state taxing power,
provided that they comply with constitutional protections like the Fifth
Amendments taking's clause or the Fourteenth Amendments to process in
equal protection clauses, or basically that everyone within a jurisdiction
is treated equally under the law for a like property type.
(03:46):
You can say this group of people, we're going to
charge you this much, this group that much.
Speaker 1 (03:49):
You know that type of thing.
Speaker 2 (03:50):
So now I mentioned that the most recent related ruling
took place in twenty twenty three, so let's look at that.
In the case Eiler versus Hennepin County, Minnesota, the Supreme
Court issued a unanimous a nine to zero decision and
limiting a government's ability to seize and sell a property
(04:13):
to satisfy tax step. In the case in question, the
county foreclosed on a property, sold it, and then realized
a twenty five thousand dollars serplus in excess of all
outstanding obligations. The owner sued under the Fifth Amendment's takings clause,
which states property may not be taken by a government
(04:33):
without just compensation. This is the clause that comes up
anytime government seized property under the guise of imminent domain.
For example. Now, the court found in favor of the
owner with a broad ruling establishing president that more property
or value from seize property may not be seized by
(04:54):
governments than a zote. So what we've seen most historically
is a Supreme Court that has permitted property taxation as
essentially a state's rights kind of issue. It's a state's
right issue with a Supreme court that has taken a
current Supreme court for that matter, that's taken a strong
(05:14):
stands to limit potential abuses by local governments through property taxation. Now,
with that said, I would argue and do the property
taxes are fundamentally Unamerican. As I've said many times, do
you ever really own your property if the government can
just take it away from you for not paying your
(05:35):
taxes annually to retain it. And for that reason, I
also believe they are fundamentally unconstitutional. I believe there is
a constitutional argument here. Property rights are protected under both
the Fifth and Fourteenth Amendments. The fifth states no person
shall be deprived of life, liberty, or property without due
(05:57):
process of law, nor shall private property be taken for
public use without just compensation. The fourteenth elaborates stating no
state shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United states.
Nor shall any state deprive any person of life, liberty,
or property without due process of law, nor deny to
(06:21):
any person within its jurisdiction the equal protection of laws. Well,
let me ask you this, and this is the big
philosophical constitutional question here. If property taxes are imposed that
cannot be afforded by the owner of property, is that
not depriving a person of that property without due process?
(06:42):
How is their due process involved in that? You have
a government that says, now you owe us this much.
Where was the due process? You're just holding the gun
to my head and saying you're going to pay us
what we tell you, You're going to pay us, or
we're going to take your property from you. Right, Yeah,
I get your point. Yeah, So I think there should
(07:05):
be a direct challenge to the suprime. It doesn't mean
even if somebody brought the case that they would take it.
But I think there is a very open constitutional question
about this. I believe it is patently on American, and
I think that part is unarguable. I think property taxes
being un American is an inarguable thing. The only thing
is whether you can try to squeeze some sunlight into
the constitutional argument The bottom line is it's just a
(07:27):
falsome premise that it had been embraced. See property taxes
predate our country. The first records of imposed property taxes
date back to the colonies. You can find records as
far back as sixteen thirty four when property taxes were
imposed on settlers for land and livestock and the Massachusetts
Bay Colony. It's what England used to do to the colonies,
(07:49):
and it's one of the many taxes that should have
ended with the American Revolution. So, if nothing else, hopefully
and Florida will have the opportunity to end them on
at least homestead of properties next year.
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