No. 18-1512

Michael McClain, et al. v. California Department of Tax and Fee Administration, et al.

Lower Court: California
Docketed: 2019-06-05
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure constitutional-law constitutional-violation due-process escheat private-property property-rights standing statutory-scheme takings-clause
Key Terms:
DueProcess Takings JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (from Petition)

Does a State violate the Due Process Clause and trigger a right to just compensation under the Takings Clause when it permanently escheats private property from an intermediary to itself under a statutory scheme that denies standing to the real parties in interest, including denying them any right to a judicial or administrative procedure by which to reclaim their private property?

Question Presented (AI Summary)

Does a State violate the Due Process Clause and trigger a right to just compensation under the Takings Clause when it permanently escheats private property from an intermediary to itself under a statutory scheme that denies standing to the real parties in interest, including denying them any right to a judicial or administrative procedure by which to reclaim their private property?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-12
DISTRIBUTED for Conference of 10/1/2019.
2019-06-06
Waiver of right of respondent California Department of Tax and Fee Administration to respond filed.
2019-05-31
Petition for a writ of certiorari filed. (Response due July 5, 2019)

Attorneys

California Department of Tax and Fee Administration
Janill L. RichardsCalifornia Department of Justice, Office of the Solicitor General, Respondent
Michael McClain, et al.
Bruce Russell MacLeodLaw Offices of Bruce R. MacLeod, Petitioner