U.S. Supreme Court sides with Nebraska man who lost his home over $588

Scottsbluff man’s got behind on his property taxes when he fell ill. A state law let someone else pick up the bill — and the title.
A major weight was lifted off the shoulders of a Nebraskan this month. His case of injustice went all the way to the U.S. Supreme Court. (WOWT)
Published: Dec. 24, 2024 at 4:50 PM CST

SCOTTSBLUFF, Neb. (WOWT) - A major weight was lifted off the shoulders of a Nebraskan this month. His case of injustice went all the way to the U.S. Supreme Court.

First Alert 6 Investigates has been following Kevin Fair’s legal trail for years. But just as his case finally came to an end, his health took a major turn and he needs a different sort of help: legal help.

Fair and his wife lived in their Scottsbluff, Neb., home for nearly 30 years. In fact, they had paid it off. It was worth $60,000, according to the assessor.

But when Fair got sick, they fell behind on the property taxes, to the tune of $588.

Nebraska law allowed a private investor to eventually pay off the tax debt with Scottsbluff County — and take over ownership.

Fair said that wasn’t right, so he took the case to the U.S. Supreme Court. The justices ruled that the scenario did indeed violate the Constitution, and that the government couldn’t take more than what was owed.

It’s hard to measure what the back-and-forth real threat of losing your home — a home you’ve paid for, in full — does to one’s mental and physical health.

From the beginning, Fair told First Alert 6, the law defied common sense.

“They stand to make the money, and I won’t have anything after living here for 25 years,” he said.

Just before Christmas, the Scottsbluff man learned the investor has returned the title, and the house again is Fair’s.

“He’s grateful and there’s already been a show of support,” said Christina Martin, senior attorney at Pacific Legal Foundation.

What used to be commonly referred to as home equity theft is no longer Constitutional. No telling how many like Fair won’t have to go through the heartbreak of losing their home.

But just as one fight ends, another struggle begins: Kevin Fair had a stroke last month and now needs a ramp to get into his home.

“If people want to thank Mr. Fair for defending the constitutional rights of all Nebraskans, they can visit the GoFundMe. Every dollar will count. I know he is so moved by the giving,” Martin said.

HOW TO HELP

If you would like to help Kevin Fair, you can donate to a GoFundMe.com account that will pay for a wheelchair ramp as go toward an impending tax bill that accrued before he could apply for the Homestead exemption.

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