Rafaeli v. Oakland County

Brief Details

Date Filed
Original Court
Oakland County Circuit Court
Current Court
Michigan Supreme Court

The takings protections of the United States and Michigan constitutions prohibit the government from retaining the windfall surplus from a tax-foreclosure sale. Just compensation is required where, as here, government goes beyond satisfying a legitimate tax delinquency (and any applicable interest, costs, or penalties) and, additionally, takes the full value of real estate from its former owner. Full stop. Defendants-Appellees’ arguments to the contrary are unpersuasive. It hardly matters that the Legislature has adopted this policy; obviously, local governments must exercise legislatively- granted powers consistent with the takings guarantees of the state and federal constitutions. Accordingly, this Court should reverse on the takings issue, just as Appellants urge.