When Will They Ever Learn?

In his latest column for Daily Journal, Manatt Appellate Senior Counsel  discussed Knellinger v. Young, another case in which the government was sued for allegations of unrightful property takings. 

In the case, two Colorado residents found some of their property was taken by the state under the Revised Uniform Unclaimed Property Act (RUUPA), which allows the state to take abandoned property or cash and list them on a government website where rightful owners could claim the items. Yet despite the state’s requirement, the two plaintiffs never received notice or compensation for the takings of their property for public use. As the price for these items were relatively small, the plaintiffs did not file administrative claims so Colorado denied them recompense, leading to the lawsuit against the state. The two owners claimed a right to compensation under the Federal Civil Rights Act and did not feel the need to pursue any administrative process as the property was theirs. The district court ultimately sided with the state but there were recent Supreme Court cases preventing the court from throwing the case out.  

Repeatedly, the government finds itself in litigation over allegations of unjust takings, Berger noted. “And each time that a court criticizes such antics, the governmental defendants seem surprised. Enough. It should not be that difficult to learn to treat citizens (in our context, property owning citizens) with respect, and to stop looking for ways to appropriate something that is rightfully the property of another,” wrote Berger. 

Daily Journal subscribers can read the full article .