There is no “taking” under the Michigan Constitution’s Takings Clause if the foreclosing governmental unit attempts to sell the foreclosed-upon property at a public auction but the property does not sell, the Michigan Supreme Court has unanimously decided.

A utility company’s “franchise fee” was an “unauthorized tax” that violated the Michigan Constitution and, as a result, the utility company could not collect the fee from its customers and then remit the collected fees to the City of East Lansing, the Michigan Supreme Court has ruled.