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No. 25-95October Term 2025Decided Jun 23, 2026

Docket 25-95October Term 2025 (2025–2026)

Michael Pung, Personal Representative of the Estate of Timothy Scott Pung, Petitioner v. Isabella County, Michigan

Based on the record provided, the Court said Pung is limited to surplus sale proceeds rather than the property's full market value.

Case status

Current stage
Decided
Latest event
Decision released Jun 23, 2026
Case Accepted
Arguments HeardFeb 25, 2026
Decision ReleasedJun 23, 2026
What it's about

This case asks whether the government violates the Constitution when it forecloses on a home for a small tax debt and keeps the surplus value from the sale. Specifically, it examines if this practice violates the Fifth Amendment's Takings Clause or the Eighth Amendment's Excessive Fines Clause.

Question presented

1. When the government takes property for tax debt, does the Fifth Amendment require compensation based on the property’s true fair market value, or only on the lower amount it sold for at a tax foreclosure auction? 2. Does the Eighth Amendment’s Excessive Fines Clause prohibit the government from seizing and keeping a property worth far more than the small tax debt owed on it?

Case path

United States Court of Appeals for the Sixth Circuit / Decision released Jun 23, 2026

Area

Business and Regulation

Briefing

What it's about

This case asked what the Constitution requires when a county takes and sells a home over a small tax debt, then keeps value above the debt. Based on the Court record provided here, the justices said Pung should receive only the surplus proceeds from the tax sale, not the home's full fair market value.

Impact

The decision affects homeowners whose property is taken for relatively small tax debts, like the $2,241 debt in this case. It also gives counties more guidance on how much former owners can recover after a tax-foreclosure sale.

What's next

Lower courts, counties, and property owners will now apply the opinion in pending and future tax-foreclosure disputes. Affected owners can seek whatever surplus proceeds the decision allows, while governments can rely on the Court's rule when defending similar cases.

What was the main dispute in Michael Pung v. Isabella County?

The case asked whether the Constitution requires payment of a property's fair market value after tax foreclosure, or only surplus sale proceeds.

What are the real-world effects of this ruling?

Homeowners facing tax foreclosure over small debts may recover less than a property's full value. Counties now have clearer rules for what they may keep.

What happens next after the Supreme Court's decision?

Lower courts and local governments will apply the opinion to pending and future tax-foreclosure cases. Property owners will test what surplus payments, if any, they can still recover.

Decision

Decision record

What the Court decided

Based on the record provided, the Court said Pung is limited to surplus sale proceeds rather than the property's full market value.

Result
Vacated

Impact

People who lose homes in tax foreclosures are directly affected. The Court said “just compensation” (required payment for a taking) uses the auction sale price, not hypothetical fair market value, at least when the sale is fairly conducted. For example, the Pung family owed $2,241.93, and their home was assessed at $194,400 but sold for $76,008. Next, owners in similar cases may seek surplus proceeds, not a higher amount based on estimated market value. Because the case was vacated and remanded, lower courts will apply that rule and address any remaining issues.

Not official Court text.

Timing

Decided June 23, 2026

The Court released its decision 118 days after oral argument on February 25, 2026. The median for cases argued in February is 106 days.

Based on 28 merits cases argued in February since 1995.Argument and decision days