AdministrativeLaw DueProcess Takings FifthAmendment
Does California's application of Penal Code section 115 to deprive lienholders of their property constitute an uncompensated taking in violation of the Fifth and Fourteenth Amendments?
QUESTIONS PRESENTED 1. Does California’s application of Penal Code section 115 to deprive lienholders of their property, which conflicts with U.S. Supreme Court precedent holding that similar statutes which extinguish and destroy the value of liens are unconstitutional, constitute an uncompensated taking in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution? 2. Does California’s application of Penal Code section 115 to void deeds of trust without affording a meaningful hearing that considers an innocent lender’s bona fide encumbrancer status, and which conflicts with U.S. Supreme Court precedent and the laws of other states, constitute a violation of due process under the Fifth and Fourteenth Amendments to the U.S. Constitution?