Pung v. Isabella County · ¶94

In my view, that is the point of the Takings Clause, which necessarily prioritizes homeowners' property rights over the government's interest in efficiency and public necessity. “William Blackstone wrote that `the law of the land . . . postpone[s] even public necessity to the sacred and inviolable rights of private property.' ” Kelo, 545 U. S., at 505 (Thomas, J., dissenting) (quoting 1 Blackstone 134–135). Whatever utilitarian desire the State may have for a tax- collection system that effectively confscates citizens' homes based on small tax debts, citizens such as the Pungs have an antecedent and higher right to those homes.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.