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HINOJOSA v. DNR

Docket No. 248185.

688 N.W.2d 550 (2004)

263 Mich. App. 537

Sanjuana HINOJOSA, Samuel Hinojosa, Selena Hinojosa, Corrine Hinojosa, Victor Perez, and Michigan Basic Property Insurance Association, Plaintiffs-Appellants, v. DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellee.

Court of Appeals of Michigan.

Decided September 9, 2004, at 9:05 a.m.

Released for Publication October 28, 2004.

Attorney(s) appearing for the Case

Briggs Colegrove, P.C. (by Todd E. Briggs and Sarah W. Colegrove), Detroit, for the plaintiffs.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Mark V. Schoen, Assistant Attorney General, for the defendant.

Before: MURRAY, P.J., and MARKEY and O'CONNELL, JJ.

PER CURIAM.

We must decide in this case whether Const. 1963, art. 10, § 21 requires the state to justly compensate neighboring property owners for damage caused by a fire that spread from an abandoned house after the state acquired it through tax delinquency proceedings. We hold that the circumstances do not constitute a "taking" or "inverse condemnation" because the state took no affirmative action toward plaintiffs' properties....

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