Turnacliff v. Westly’s Empirical Analysis

Citation profile

4 federal appellate · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “private property ... for public use, without just compensation.”

   2 later decisions quote this exact passage
   e.g. Sierra Med. Servs. Alliance v. Kent · Ass'n of Am. Physicians & Surgeons, Inc. v. Rouillard

2. “The Controller shall add interest at the rate of 5 percent or the bond equivalent rate of 13-week United States Treasury bills, whichever is lower, to the amount of any claim paid the owner under this section for the period the property was on deposit in the Unclaimed Property Fund. No interest shall be payable for any period prior to January 1, 1977. Any interest required to be paid by the state pursuant to this section shall be computed as simple interest, not compound interest. For purposes of this section, the bond equivalent rate of 13-week United States treasury bills shall be defined in accordance with the following criteria: (1) The bond equivalent rate of 13-week United States Treasury bills established at the first auction held during the month of January shall apply for the following July 1 to December 31, inclusive. (2) The bond equivalent rate of 13-week United States Treasury bills established at the first auction held during the month of July shall apply for the following January 1 to June 30, inclusive.”

   1 later decision quote this exact passage
   e.g. Suever v. Connell

3. “In Texaco, Inc. v. Short, 454 U.S. 516 , 526[, 102 S.Ct. 781 , 70 L.Ed.2d 738 ] [1982], the Court explained that “[f]rom an early time, th[e] Court has recognized that States have the power to permit unused or abandoned interests in property to revert to another after the passage of time.” The Court further explained that owners of abandoned property were not owed compensation: In ruling that private property may be deemed to be abandoned and to lapse upon the failure of its owner to take reasonable actions imposed by law, this Court has never required the State to compensate the owner for the consequences of his own neglect.... It is the owner’s failure to make any use of the property — and not the action of the State — that causes the lapse of the property right[.]”

   1 later decision quote this exact passage
   e.g. Suever v. Connell