Pung v. Isabella County · ¶88

The measure of damages for a trespass or trover action based on improper foreclosure procedures was fair market value—which may explain how foreclosure sales could exist in harmony with the Takings Clause. See, e.g., Gilson v. Wood, 20 Ill. 37, 39 (1858) (“[T]he measure of damages [in trespass] is, what the property is proven to have been worth at the time it was taken and carried away by the defendant” (internal quotation marks omitted)); Burns v. Campbell, 71 Ala. 271, 291 (1882) (“The measure of damages in actions for trespass to goods, where the taking is unlawful without more, is generally the value of the goods, or the amount of injury done to them, as the case may be, with interest to the date of judgment”); Gove v. Watson, 61 N. H. 136, 137 (1881) (“In an action of trover, the value of the property at the time of the conversion (with interest after) is in general the measure of…

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