Webb's Fabulous Pharmacies, Inc. v. Beckwith

In Webb's Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155, 101 S. Ct. 446, 66 L. Ed. 2d 358 (1980), Eckerd's of College Park, Inc. ("Eckerd's") entered into an agreement to purchase substantially all of Webb's assets. When it appeared at closing that Webb's debts were greater than the purchase price, Eckerd's filed a complaint of interpleader in a Florida Circuit Court to protect itself, as permitted by Florida law. Pursuant to Florida law, the Circuit Court ordered the amount tendered at closing paid to the court's clerk, who was required to deposit the money in an interest bearing account. When the tendered amount was eventually ordered paid to Webb's receiver, the clerk did not surrender the interest which had accrued on the account because a Florida statute dictated that all accruing interest was deemed income of the clerk. The Florida Supreme Court held this statute was constitutional and that the clerk's retention of the interest was not a taking because: (1) the deposited funds were considered "public money" from the date of deposit until the funds left the account; (2) the statute "takes only what it creates"; (3) the interest earned on the account was not private property. Beckwith v. Webb's Fabulous Pharmacies, Inc., 374 So. 2d 951, 952-53 (Fla. 1979). The United States Supreme Court reversed, holding that the statute violated the Fifth and Fourteenth Amendments. While the Court acknowledged that it "has been permissive in upholding governmental action that may deny the property owner of some beneficial use of his property or that may restrict the owner's full exploitation of the property, if such public action is justified as promoting the general welfare," Webb's, 449 U.S. at 163, 66 L. Ed. 2d at 366. The Court held: A State, by ipse dixit, may not transform private property into public property without compensation, even for the limited duration of the deposit in court. This is the very kind of thing that the Taking Clause of theFifth Amendment was meant to prevent. That Clause stands as a shield against the arbitrary use of governmental power. Id. at 164, 66 L. Ed. 2d at 367.