Takings The Supreme Court Will Hear Another Home Equity Theft Takings Case This one addresses the issue of whether the owner of a home foreclosed for nonpayment of debt is entitled to "fair market value" compensation, or only whatever the government gets from auctioning off the property, minus the debt owed. Ilya Somin | 10.4.2025 10:30 AM here). After Tyler, I did not think the home equity theft issue would return to the Supreme Court anytime soon. But, yesterday, the Court decided to hear cert petition that must have persuaded the justices to take the case. Regardless of how the case got to the Court, the property rights community will surely support the victimized owner here. I myself intend to file an amicus brief, and I suspect I will not be alone in that.