Newly released: the Federalist Society’s “Courthouse Steps” series covers Pung v. Isabella County, where the U.S. Supreme Court held that “just compensation” for Tyler takings is usually measured by the surplus after a tax sale and not fair market value of the property, unless the tax sale process is unfair or skewed. Here’s
Pung Decided – “Just” Compensation May Not Always Mean Fair Market Value: “The Fifth Amendment protects the … right to surplus proceeds from the tax sale, not compensation for the property’s fair market value.”
This just in: the Supreme Court has decided Pung v. Isabella County, No. 25-95 (June 23, 2026). And the result — that “just compensation” for Tyler takings is usually measured by the surplus over the tax sale and not fair market value of the property, unless the tax sale process is unfair or skewed — isn’t the hoped-for outcome.
Continue Reading Pung Decided – “Just” Compensation May Not Always Mean Fair Market Value: “The Fifth Amendment protects the … right to surplus proceeds from the tax sale, not compensation for the property’s fair market value.”
Transcript And Audio From Today’s SCOTUS Takings And Excessive Fine Arguments (Pung v. Isabella County)
Here is the transcript of the oral arguments held earlier today in Pung v. Isabella County. [And before we get further, a disclosure: this case is one of ours as the above courthouse steps photo shows.]
Continue Reading Transcript And Audio From Today’s SCOTUS Takings And Excessive Fine Arguments (Pung v. Isabella County)