Michigan Constitution Article X - PROPERTY
Here is a summary of Article X – PROPERTY from the Michigan Constitution:
📜 Michigan Constitution – Article X: Property
This article governs matters related to public and private property in Michigan. It defines how property can be used, acquired, or restricted by the government.
Section 1 – Eminent Domain (Takings Clause)
Private property cannot be taken for public use without just compensation.
This aligns with the Fifth Amendment of the U.S. Constitution.
Compensation must be determined by a jury if requested by the property owner.
Section 2 – Escheats
If a person dies without a will and has no heirs, their property goes to the State.
This is called escheat and ensures unclaimed property is handled fairly.
Section 3 – Lands Acquired by State
Any land acquired by the State (e.g., through tax forfeiture) must be held in trust and used in a way that benefits the public interest.
Section 4 – Resident Aliens
Non-citizen residents (aliens) have the same property rights as citizens.
This promotes fairness and economic participation by lawful residents of Michigan.
Section 5 – Tax Delinquent Lands
The State can sell property taken for unpaid taxes.
The proceeds from the sale must first go to pay off the back taxes, then any remaining amount should go to the former property owner.
🔑 Key Takeaways:
Property rights are strongly protected in Michigan.
Just compensation is guaranteed when land is taken for public use.
Non-citizens enjoy equal property rights.
Delinquent property sales must return extra proceeds to the former owner (a major protection added after Rafaeli v. Oakland County).
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