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(3) Where the person restrained is unable for any motive to make the affidavit required by paragraph (2), the affidavit could also be made by some other particular person on his behalf and that affidavit should state that the particular person restrained is unable to make the affidavit himself and for what motive.
Ante at 462 U. S. 800. With out understanding what state and particular person interests shall be at stake in future instances, the Court docket espouses a basic principle ostensibly relevant each time any legally protected property curiosity could also be adversely affected. This can be a flat rejection of the view that no “components” will be devised that adequately evaluates the constitutionality of a process created by a State to provide discover in a certain class of instances. Although Mullane itself accepted that constructive discover happy the dictates of due process in sure circumstances, [Footnote 2/1] the
(5) Where the Court docket orders that the additional consideration of the cause or matter in query shall not stand adjourned till the receipt of the report, the order might comprise instructions with respect to the proceedings on the receipt of the report, and the foregoing provisions of this rule shall have effect topic to any such instructions.
There’s no doubt that the Board could have safeguarded its interest with a minimal quantity of effort. The county auctions of property begin by statute on the second Monday of annually. Ind. Code 6-1.1-24-2(5) (1982). The county auditor is required to publish notice within the county courthouse not less than three weeks before the date of sale. 6-1.1-24-3(a). The auditor is also required to publish notice in two totally different newspapers once every week for 3 weeks before the sale. 6-1.1-24-3(a), 6-1.1-22-4(b). The Board may have supplemented the safety offered by the State with the extra measures recommended by the courtroom under: The Board could have required that Moore present it with copies of paid tax assessments, or may have required [462 U.S. 791, 809] that Moore deposit the tax moneys in an escrow account, or could have itself checked the general public records to determine whether the tax assessment had been paid. 427 N. E. 2d 686, 690, n. 9 (1981).