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In the case of Anderson National Bank et al. v. Luckett, Commissioner of Revenue, et al., 1943, the U.S Supreme Court ruled that a Kentucky law requiring banks to turn over unclaimed or abandoned deposits to the state after seven years did not violate due process rights under the Fourteenth Amendment. The court held that such laws serve a legitimate public purpose by preventing unjust enrichment and protecting creditors and shareholders from fraudulent claims on dormant accounts. Furthermore, it was determined that these laws do not constitute an improper taking without compensation as they provide for notice and opportunity for hearing before transfer of property rights occurs.
In the dissenting opinion for Anderson National Bank et al. v. Luckett, Commissioner of Revenue, et al., Justice Frank Murphy argued that Kentucky's escheat law was unconstitutional as it violated due process rights under the Fourteenth Amendment. He contended that this law allowed the state to seize unclaimed bank deposits without providing sufficient notice or opportunity for depositors to claim their property before seizure occurred. Furthermore, he disagreed with majority’s view on presumption of abandonment and asserted that mere inactivity should not be considered evidence of intent to abandon one's property rights. In his perspective, such a presumption is arbitrary and unreasonable when applied universally across all dormant accounts regardless individual circumstances surrounding each account’s dormancy.