An expert with the Pacific Legal Foundation says the justices at the U.S. Supreme Court are being asked to rule that a Michigan county can’t sell a foreclosed property for $206,000 and keep all the money when the tax liability there was only about $16,000.
That would seem to implicate the Constitution’s Takings Clause, which states that the government cannot take private property without “just compensation.”
Attorney Christina Martin for the PLF explained that Michigan law “actually requires counties across the state to steal this extra money from property owners.”
“This seems like an obvious violation of the Constitution. The Fifth Amendment provides that government cannot take private property unless it pays just compensation. Logically, that would mean that government may take and sell the property and keep what it is owed, but no more,” she said.