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

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

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.

Case status

Current stage
Awaiting Decision
Latest event
Argued Feb 25, 2026
Decision timing
Expected by late June or early July of the Court term unless the Court orders otherwise.
Case Accepted
Arguments HeardFeb 25, 2026
Decision ReleasedUpcoming
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 / Argued Feb 25, 2026

Area

Business and Regulation

Briefing

What it's about

The justices heard a case about what happens when a county takes a home over unpaid property taxes, sells it, and keeps value above the tax debt. The dispute is whether the Constitution requires compensation based on the home's fair market value or only the lower auction price, and whether keeping the surplus can be an excessive fine.

Argument

The case was argued on Feb. 25, 2026, and no decision is available yet. The dispute centers on whether the Fifth Amendment requires compensation for the property's true fair market value and whether the Eighth Amendment bars the government from keeping value far above a small tax debt.

Impact

The answer could affect homeowners who lose property over relatively small tax debts. For example, if a home is worth much more than the taxes owed, the case asks whether the owner must be paid for that extra value.

What is the core fight in Michael Pung v. Isabella County?

The case asks whether the county had to pay for the home's full value after taking it for tax debt. It also asks whether keeping value far above the debt is an excessive fine.

Who could feel the real-world effects of this case?

Homeowners facing tax foreclosure could be directly affected, especially when a property is worth much more than the unpaid taxes. Counties and other local governments could also have to change how they handle surplus value.

What happens next in the Supreme Court?

The justices have already heard argument. The main thing to watch is the written opinion, which is generally expected by late June or early July unless the Court says otherwise.