There is no “taking” under the Michigan Constitution’s Takings Clause if the foreclosing governmental unit attempts to sell the foreclosed-upon property at a public auction but the property does not sell, the Michigan Supreme Court has unanimously decided.

The Takings Clause of the Michigan Constitution was violated where the plaintiffs’ foreclosed-on properties were never offered for sale at a public auction, the Michigan Supreme Court has unanimously ruled.

Summary disposition wrongly granted to defendants, Ingham County and its treasurer, on the claim that an unconstitutional taking of property occurred.

Oakland County’s retention of surplus proceeds from tax-foreclosure sales was an unconstitutional taking without just compensation and violated Article 10, § 2 of the MI Constitution.