Philip C. James, et al. v. Glenn Allen Hegar, Jr., Individually and in His Official Capacities as Comptroller of Texas, Chairman of the Texas Treasury Safekeeping Trust Company, and Administrator of Texas Unclaimed Property Funds, et al.
Takings DueProcess JusticiabilityDoctri
Have Petitioners suffered an injury to confer standing to challenge Respondents' ongoing administration of Texas' Unclaimed Property Act?
QUESTIONS PRESENTED 1. Petitioners’ assets were escheated to the State under the Texas Unclaimed Property Act and the State currently has physical possession of their property. Have Petitioners suffered an injury to confer standing to challenge Respondents’ ongoing administration of Texas’ Unclaimed Property Act? 2. Petitioners challenged the constitutionality of Texas’ Unclaimed Property Act and Respondents’ enforcement thereof. As property owners and Texas citizens whose private property is currently in Texas’ bank account, have Petitioners alleged an ongoing violation of federal law for purposes of Ex parte Young or must Petitioners also demonstrate additional takings of their property are imminent or certainly impending?