No. 24-158

Allison Cole-Kelly v. Malia M. Cohen, in Her Official Capacity as State Controller of California, et al.

Lower Court: Ninth Circuit
Docketed: 2024-08-14
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: due-process just-compensation property-rights sovereign-immunity takings-clause unclaimed-property
Key Terms:
FifthAmendment DueProcess Takings ClassAction
Latest Conference: 2024-11-22 (distributed 2 times)
Related Cases: 24-162 (Vide)
Question Presented (AI Summary)

Whether a state's seizure and use of unclaimed property without compensation constitutes an unconstitutional taking under the Fifth Amendment's Takings Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED The State of California, pursuant to its unclaimed property laws, regularly seizes possession of owners’ unclaimed personal property, holds it in custody and trust for the owners, uses it for the state’s purposes to pay its obligations, without paying the owners of that unclaimed property any compensation for its use of the owners’ property pursuant to California Code of Civil Procedure §§1540(@) and 1562. That is an unconstitutional taking without just compensation in violation of the Fifth Amendment’s Takings Clause made applicable to the states pursuant to the Fourteenth Amendment. The issues in this case are: 1: May a property owner whose property is taken and used by the state without compensation, sue the state directly for just compensation under the Fifth Amendment’s Takings Clause where the state has not affirmatively provided the property owner with a cause of action and in fact, has affirmatively precluded any cause of action to recover compensation for its taking and use of the owner’s property? 2: Does Eleventh Amendment sovereign immunity bar a property owner’s self-executing Fifth Amendment right to just compensation for the state’s taking of his/ her property?

Docket Entries

2024-11-25
Rehearing DENIED.
2024-11-06
DISTRIBUTED for Conference of 11/22/2024.
2024-11-01
Petition of Alison Cole-Kelly for rehearing submitted.
2024-11-01
2024-10-07
Petition DENIED.
2024-09-11
DISTRIBUTED for Conference of 9/30/2024.
2024-09-05
Waiver of Cohen, Malia M., et al. of right to respond submitted.
2024-09-05
Waiver of right of respondent Cohen, Malia M., et al. to respond filed.
2024-08-12
Petition for a writ of certiorari filed. (Response due September 13, 2024)
2024-07-23
Application (24A67) granted by Justice Kagan extending the time to file until August 12, 2024.
2024-07-17
Application (24A67) to extend the time to file a petition for a writ of certiorari from July 22, 2024 to August 12, 2024, submitted to Justice Kagan.

Attorneys

Alison Cole-Kelly
Samuel KornhauserLaw Offices of Samuel Kornhauser , Petitioner
Cohen, Malia M., et al.
Anya BinsaccaCA Atty. General's Office, Respondent