Suppose you owe taxes and the government auctions off your property for less than half its market value to cover your delinquency. Are you owed the difference between the fair market value and the auction value? That is the main question considered in Pung v. Isabella County. Pung’s property was sold at tax auction for about $75k to cover about $2k in taxes; the property had a market value of roughly $200k. He argues that this constitutes an unconstitutional taking. The Sixth Circuit ruled against Pung. At oral argument, the justices appeared broadly skeptical, pointing to pragmatic and equitable concerns with Pung’s favored approach.
The model predicts the Court will affirm the Sixth Circuit. Most likely to dissent according to the model: Sotomayor and Gorsuch.
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