October 2025

A short one (unpublished) from the U.S. Court of Appeals for the Sixth Circuit in a Tyler taking case (an issue that seems like it is on a lot of courts’ minds right now).

In Wayside Church v. Van Buren County, No. 24-1598 (Oct. 6, 2025), the court affirmed the district court’s certification of class certification and the subsequent class settlement. This issue is only of mild interest to us, and it isn’t reason we’re posting this case.

What really grabs our attention is Judge Kethledge’s concurring opinion (scroll down to page 23 of the pdf). It is not only a good overview of the home equity theft takings issue, but also points out how the just compensation rules actually work to keep property owners from receiving full compensation for what they have lost, especially in a class action settlement situation compared to a non-class section 1983 claim:

To…

Continue Reading “Local governments should serve their people, not prey upon them” – CA6 Approves Takings Class Action Settlement (But Not Enthusiastically)

This just in: in this Order, the U.S. Supreme Court has granted certiorari and agreed to review two cases which involve property and property rights.

First, in Pung v. Isabella County, No. 25-95, the Court will be considering these Questions Presented:

1. Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Takings Clause of the Fifth Amendment when the compensation is based on the artificially depressed auction sale price rather than the property’s fair market value?

2. Whether the forfeiture of real property worth far more than needed to satisfy a tax debt but sold for fraction of its real value constitutes an excessive fine under the Eighth Amendment, particularly when the debt was never actually owed?

Here’s the cert petition in Pung. Note that the Court agreed to review the Excessive Fine…

Continue Reading SCOTUS Grants Two Property Rights Petitions