By Howard Fischer | Capitol Media Services
Key Points:
- Arizona holds nearly $2.8 billion in unclaimed property
- State agency gives insufficient notice to property owners
- Arizona law requires only 120 days’ notice before seizing unclaimed property
Arizonans could soon get better notice if the state is holding on to their share of nearly $2.8 billion in unclaimed property.
In a unanimous decision on August 25, a three-judge panel of the 9th Circuit Court of Appeals gave the go-ahead for two individuals to sue the state agency for failing to provide them with sufficient notice that it was holding on to money or other property that it listed as “unclaimed” or “abandoned.” The ruling now allows them to sue the agency for violating their due process rights.
Appellate Judge Danielle Forrest, writing for the court, rejected claims by attorneys for the state that it could not be sued.
