Summary

Portrait of Potter Stewart Potter Stewart Schroeder v. City of New York…

The general rule that emerges from the Mullane case is that notice by publication is not enough with respect to a person whose name and address are known or very easily ascertainable and whose legally protected interests are directly affected by the proceedings in question. 'Where the names and post office addresses of those affected by a proceeding are at hand, the reasons disappear for resort to means less likely than the mails to apprise them of its pendency.' 339 U.S., at 318, 70 S.Ct., at 659.
Source: Wikisource

Portrait of Potter Stewart Potter Stewart Schroeder v. City of New York…

But the inadequacies of 'notice' by publication were described in words that bear repeating here:
'Chance alone brings to the attention of even a local resident an advertisement in small type inserted in the back pages of a newspaper, and if he makes his home outside the area of the newspaper's normal circulation the odds that the information will never reach him are large indeed.
Source: Wikisource

Portrait of Potter Stewart Potter Stewart Schroeder v. City of New York…

Although the appellant's name and address were readily ascertainable from both deed records and tax rolls, neither the newspaper publications nor the posted notices contained the name of the appellant or of any other affected property owner. Neither the newspaper publications nor the posted notices explained what action a property owner might take to recover for damages caused by the city's acquisition, nor did they intimate any time limit upon the filing of a claim by an affected property owner.
Source: Wikisource

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