The Supreme Court will decide whether Scott Pung’s heirs are entitled to the equity they had in their longtime family home.
The county sold her home at auction for $499,007—nearly twenty times what she owed. Under the Constitution's Takings Clause, as the Supreme Court confirmed in Tyler v. Hennepin County, the government must pay property owners for any excess value beyond the debt owed.
Kari only learned she could claim the surplus proceeds after a lawyer contacted her. Although she tried to follow the State’s labyrinthine process, it failed her—and enriched the government at her expense—in violation of the U.S. Constitution.
Forcing property owners to chase down their own money through processes that are designed to fail only traps people into accidentally waiving their rights. The Michigan and United States Constitutions demand that government pay the owner for extra property it takes, at a minimum, by selling the property and returning any surplus to former owners. No matter what claim processes lawmakers put on the books, once a government takes property, government is duty-bound to pay for it.
Forcing property owners to chase down their own money through processes that are designed to fail only traps people into accidentally waiving their rights. The Michigan and United States Constitutions demand that government pay the owner for extra property it takes, at a minimum, by selling the property and returning any surplus to former owners. No matter what claim processes lawmakers put on the books, once a government takes property, government is duty-bound to pay for it.
With their property rights relegated to second-class status, Jeff Nick, along with his son Ryan, and Jeff Davis are fighting back. Represented at no charge by Pacific Legal Foundation, they’re appealing their case’s unjust dismissal to ensure federal court access for takings claims and ultimately the right to productively use their property.
The outside world came to a screeching halt for Kevin Fair in 2013. His wife, Terry, was diagnosed with multiple sclerosis and Kevin had to quit his job so he could care for her at their Scottsbluff, Nebraska, home where they’d lived for nearly two decades—the home was a wedding gift from Kevin’s mother.
Hemorrhaging money and time, and unable to repair their properties or restore their businesses, these small businesses and property owners are asking the Supreme Court to confirm their constitutional right to reasonably timely just compensation.
Courts cannot require Randy to ask the county to allow a land use it will not approve, via a process that does not exist, simply to make his takings case “ready” for the court’s review.