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Supreme Court Skeptical of Forcing Fair-Market Payouts in Michigan Tax-Foreclosure Case

Several justices questioned requiring compensation based on fair market value rather than auction proceeds.

Overview

  • The Court heard arguments Feb. 25 in Pung v. Isabella County, which asks how to measure compensation when a home is seized and sold to satisfy a small tax debt.
  • Across the bench, justices voiced sympathy for the homeowners but raised practical concerns that a fair‑market‑value rule could destabilize longstanding tax‑sale systems.
  • Isabella County sold the Pung family’s home at auction for $76,008 to recover about $2,242, returned the surplus, and the buyer later resold the property for roughly $195,000.
  • The Justice Department urged limiting relief to surplus proceeds from a fair sale and argued the Excessive Fines Clause does not apply because the government keeps only unpaid taxes.
  • A decision is expected by late June or early July after the justices probed what constitutes a fair auction and how owners may challenge allegedly deficient tax sales.