Rachael Eubanks, et al. v. Dennis O'Connor
DueProcess Takings
Does the former owner retain a constitutional right to accrued interest on abandoned property returned by the State?
QUESTIONS PRESENTED 1. Where the State recovers abandoned property and later returns that property or its equivalent value to the former owner, does the former owner retain a constitutional right to accrued interest in that abandoned property? 2. Where neither this Court nor the Sixth Circuit had held that a former owner has a constitutional right to accrued interest on abandoned property, and two circuits and many state courts had held that a former owner lacks such a right, should the Sixth Circuit have affirmed the grant of qualified immunity where the State returned the value of abandoned property to the former owner without interest?