The Michigan Supreme Court forms the final judgment on the
extent of takings protections in the state. Michigan citizens can also
challenge state and federal actions under the takings clause of the Fifth
Amendment to the United States Constitution, which has been incorporated by the
U.S. Supreme Court to apply to the states.
Given that the scope of this study is to recommend reforms to Michigan’s takings
structure to curb the abuses directly under control of the government within the
state, the jurisprudential analysis to follow will focus on the interpretation
of the takings clause by the Michigan judiciary. The level of protection
afforded by the courts in Michigan, for the most part, parallels that afforded
by the U.S. Supreme Court under Fifth Amendment scrutiny.
judiciary has taken a very limited view of the law of takings protections.
Property owners are greatly affected by the courts’ interpretation of the
takings clause in relation to each of its key provisions — takings, public use,
and just compensation. An analysis of the prevailing precedents illustrates the
degree to which the courts have strayed from the original intent of the takings
clause and the necessity for reform if property rights are to remain valued by