November 18th, 2024
On May 25, 2023, the United States Supreme Court issued its Tyler v Hennepin County decision. This case will have a significant impact on Michigan tax foreclosures challenges. By unanimous decision, the United States Supreme Court ruled that Minnesota’s foreclosure statute (a strict foreclosure statute like Michigan’s) violated the United State Constitution’s Fifth Amendment by taking property without just compensation. This landmark decision recognizes for the first time that the Fifth Amendment protects property rights that the State Legislature simply cannot write out of existence.
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