Hooks v. Kennedy

In Hooks v. Kennedy, 961 So. 2d 425 (La. Ct. App.), cert. denied, 967 So. 2d 507 (La. 2007), the Louisiana Court of Appeal upheld the constitutionality of that state's unclaimed property act. Like North Carolina's Act, Louisiana's law provided a custodial scheme for handling certain types of abandoned property, rather than one in which the title to the abandoned property reverts to the sovereign. Under Louisiana law, after a specified passage of time, holders of property abandoned by missing owners must report the possession of the abandoned property and relinquish custody to the state. Upon transfer from the holder, the state assumes custody and responsibility for the safekeeping of the property. Id. at 430-31. "'Pending a claim by a missing owner, the [s]tate receives the use of the property as well as any income that it may provide.'" Id. at 431 (quoting Louisiana Health Servs. & Indem. Co. v. McNamara, 561 So. 2d 712, 716 (La. 1990)). In holding that the state's capture of interest under Louisiana's unclaimed property law did not violate the Taking Clause, the Louisiana Court of Appeal recognized that the triggering event in the exercise of the state's power of eminent domain is the state's overt act of taking private property from an owner. The triggering event in an unclaimed property case is the owner's act of abandonment over a period of several years. After abandonment, the unclaimed property law requires the holder of the abandoned property to transfer "custody," not title, to the state. Id. at 432.