Pung v. Isabella County

Summary

Justice Alito's opinion holds that, following a tax foreclosure sale fairly conducted in light of the Nation's history of tax sales, the Takings Clause measures compensation by the auction proceeds rather than hypothetical fair market value. The Excessive Fines Clause likewise does not require payment exceeding the surplus proceeds on that theory. The Court vacated the Sixth Circuit's judgment and remanded, leaving procedural fairness challenges for consideration if properly preserved. Justice Sotomayor, joined by Justices Gorsuch and Jackson, concurred to emphasize that the Court did not define a fair auction or endorse the proposed standards for one. Justice Thomas, joined by Justice Gorsuch except as to footnote 1, concurred in part and in the judgment; he joined all but Part II–B and expressed the preliminary view that the County's conduct likely violated historical safeguards and was unconstitutional.