Surplus money from tax foreclosures
David Paul Biesemeyer v. Municipality of Anchorage, Alaska
In brief
- Where it stands
- Dismissed
Petition denied.
- What it’s about
- David Paul Biesemeyer asked the Supreme Court to review whether Anchorage could keep surplus proceeds from a tax foreclosure, despite claims about property rights, notice and filing deadlines, and excessive fines.
- Who it affects
- The denial ended Biesemeyer's request for Supreme Court review but did not decide his claims against Anchorage.
Summary: written with AI from the case record.

What it's about
The Court refused to hear the case (denied review) and did not decide those questions.
The dispute concerns surplus money left after a tax foreclosure and whether Anchorage may keep it under constitutional protections and filing rules.
Question presented
1. Whether a municipality’s continued retention of surplus proceeds from a tax foreclosure constitutes an ongoing violation of the Takings Clause under Tyler v. Hennepin County, 598 U.S. 631 (2023), when the government still holds the identifiable equity that common-law principles recognize as the former owner’s property? 2. Whether, under Board of Regents v. Tomanio, 446 U.S. 478 (1980), a borrowed state statute of limitations may bar a § 1983 claim where the government’s own notice procedures allegedly prevented meaningful opportunity to claim surplus equity before the statutory deadline expired? 3. Whether the Excessive Fines Clause limits a municipality’s retention of surplus equity grossly disproportionate to the underlying tax debt?
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Brief added: Petition
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.