Hinojosa v. Department of Natural Resources

We must decide in this case whether Const 1963, art 10, § 2 1 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. At most, it failed to abate a fire-hazard nuisance. Attorney General v Ankersen, 148 Mich App 524, 561-562; 385 NW2d 658 (1986). Accordingly, we affirm the trial court’s grant of…