Sogg v. White

Frye, Judge.

Introduction

{¶ 1} This case was certified as a class action under Civ.R. 23(B)(2) in order to determine whether a portion of Ohio’s Unclaimed Funds Act is unconstitutional because it results in a taking of private property. Amended in 1991 as a significant alteration to the state’s program for handling unclaimed funds that began in the 1960s, the statute in question denies private owners of funds any interest on their money while it is held by the state even though, while in state custody, the funds always remain private property. Beyond retaining the interest earnings, the state…