Rafaeli v. Oakland County
Brief Details
- Date Filed
- 04/23/2019
- 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.