The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Crime

Escheating scandal?

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Justice Samuel Alito, joined by Justice Clarence Thomas, faults some states today for insufficiently notifying property owners before "escheating their financial assets"—confiscating them on the grounds that they are supposedly abandoned. See Taylor v. Lee, a statement concurring in the Supreme Court's refusal to review one such case; the opinion notes that "The convoluted history of this case makes it a poor vehicle for reviewing the important question it presents, and therefore I concur in the denial of review," but adds that "the constitutionality of current state escheat laws is a question that may merit review in a future case"—a signal to lawyers to bring the matter up again in the future.